Warrensville Heights
City Zoning Code
City Zoning Code
TITLE ONE
Zoning Administration
1121.01 INTERPRETATION; GENERAL DEFINITIONS.
As used in this Planning and Zoning Code:
(a) The word "shall" shall be interpreted as mandatory and shall be complied with unless waived by the appropriate commission, board or authority having jurisdiction; "may" shall be interpreted as having permission or being allowed to carry out a provision; "should" shall be interpreted as expressing that the application of a criterion or standard is desired and essential unless commensurate criteria or standards are achieved.
(b) All words used in the singular shall include the plural and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
(c) The phrase "used for" shall include "arranged for", "designed for", "intended for", "maintained for", or "occupied for".
(d) The term "such as" shall be construed as introducing a typical or illustrative enumeration of uses. A colon used to introduce an enumeration shall be construed as being the complete enumeration of uses and not illustrative.
(e) "Board" means the Board of Zoning Appeals of the City.
(f) "Build" means establish, construct, erect, assemble, reconstruct, enlarge, alter, or develop.
(g) "Building Commissioner" means the chief building official of the City.
(h) "City" means the City of Warrensville Heights, Ohio.
(i) "Code" means the Planning and Zoning Code of the City, unless otherwise designated.
(j) "Commission" means the Planning and Commission of the City.
(k) "Council" means Council of the City.
(l) "County" means Cuyahoga County, Ohio.
(m) "Developer" means a person or firm commencing proceedings under this Code to effect a subdivision or development of land for himself or herself or for another.
(n) "District" means a section of the City for which uniform zoning regulations, as provided herein, govern the use of land, structures, and premises, the permitted height, and area of structures and the area or open spaces about structures.
(o) "Engineer" means the Engineer of the City.
(p) "Lot" means a parcel of land, the perimeter of which has been approved by Council and recorded at the office of the County Recorder.
(q) "Person" means an individual, firm, association, corporation, trust or other legal entity.
(r) "Regulation" means a rule, restriction or other mandatory provision intended to control, require, or prohibit an act and includes "requirement".
(Ord. 2020-124. Passed 11-4-20.)
1121.02 ACCESSORY USE OR BUILDING.
"Accessory Use" or "Accessory Building" means a permitted subordinate use or building which is located on the same lot with and incident to the main use or main building and which is subordinate in area, extent, and purpose to the main use or building served.
(Ord. 2020-124. Passed 11-4-20.)
1121.03 AREAS (BUILDING COVERAGE, DWELLING UNIT, FLOOR, LOT).
(a) "Building Ground Coverage" or "Building Area" means the horizontal area of ground covered by a building and is measured from the vertical projections of the outermost wall surfaces of the building and generally expressed in square feet or as a percentage of the total lot area.
(b) "Dwelling Unit Area" means the horizontal area of usable and habitable space available exclusively to the occupant within a dwelling unit and is measured from the interior wall faces of the dwelling unit.
(c) "Gross Floor Area" means the floor area within the perimeter of the outside walls of the building under consideration, without deduction for fire stairways, elevators, closets, or thickness of exterior walls, expressed in square feet.
(d) "Lot Area" (site area) means the total horizontal area within a lot boundary line, expressed in square feet or acres.
(Ord. 2020-124. Passed 11-4-20.)
1121.04 BASEMENT.
"Basement" means a portion of a building partially or entirely underground whose ceiling, or underpart of the floor above, is four feet (4') or less above the average finished grade elevation.
(Ord. 2020-124. Passed 11-4-20.)
1121.05 BUFFER AREA.
"Buffer Area" means an area of land, together with landscaping, fencing, walls and/or hedges required by this Code and approved by the Commission and/or Council, which may be required to separate uses or zoning districts to eliminate or minimize conflicts between them.
(Ord. 2020-124. Passed 11-4-20.)
1121.06 BUILDING.
"Building" means a structure permanently built and affixed to the land which is maintained or intended for the shelter or enclosure of persons, animals or property of any kind. The term shall be used synonymously with "structure", unless specific structures are noted, and shall be construed as if followed by the words "or part or parts thereof". "Structure" means that which is constructed on or under the ground or connected thereto and includes, but is not limited to, buildings, barriers, bridges, bulkheads, bunkers, chimneys, fences, garages, outdoor seating facilities, platforms, pools, poles, tanks, tents, towers, sheds, signs, walls, and the like.
(Ord. 2020-124. Passed 11-4-20.)
1121.07 BUILDING HEIGHT.
"Building Height" means the vertical distance measured from the finished grade to the top of the highest roof beams of a flat roof or to the mean level of the highest gable or slope of a hip roof. The finished grade may not be less than the average finished grade across the width of the lot measured at the front building line.
(Ord. 2020-124. Passed 11-4-20.)
1121.08 BUILDING LINE (SET-BACK LINE).
"Building Line" (set-back line) means a line parallel to and measured from a street line or front lot line defining the limits of a front yard in which no building structure or use may be located above ground, except as provided in this Code. If no building line is established or if building lines are in conflict, then the Commission shall determine the building line using other similar standards in the City.
(Ord. 2020-124. Passed 11-4-20.)
1121.09 BUILDING PERMIT.
"Building Permit" means a permit issued by the Building Commissioner to construct, alter or repair a building or part thereof exactly as shown on plans approved by the City.
(Ord. 2020-124. Passed 11-4-20.)
1121.10 BUSINESS SERVICES.
"Business Services" means services provided primarily to other business operations, which may include consulting services, property and/or equipment maintenance services, financial and/or accounting services, computer and/or information management services, advertising and/or graphic services, and similar operations.
(Ord. 2020-124. Passed 11-4-20.)
1121.11 CONDITIONAL USE PERMIT.
"Conditional Use Permit" means a Use (hereinafter defined) which is permitted in a District only by a Conditional Use Permit as regulated herein. The nature of each conditional use, or its effect upon persons or property, requires consideration and approval under special or conditional circumstances and such conditional uses shall only be permitted when specific findings are made and when that conditional use has met the conditions set forth in this Code.
(Ord. 2020-124. Passed 11-4-20.)
1121.12 DENSITY.
"Density" means a unit of measurement which describes either the number of dwelling units per acre of land or the amount of land or site area per dwelling unit.
(Ord. 2020-124. Passed 11-4-20.)
1121.13 DWELLING, MULTI-FAMILY.
"Multi-Family Dwelling" means a building consisting of three or more dwelling units with varying arrangements of entrances and party walls.
(Ord. 2020-124. Passed 11-4-20.)
1121.14 DWELLING UNIT.
"Dwelling Unit" means a single unit providing complete, independent living facilities, including permanent provisions for living, sleeping, eating, cooking and sanitation and physically separated from any other rooms or dwelling units which may be in the same structure.
(Ord. 2020-124. Passed 11-4-20.)
1121.15 DWELLING UNIT, SINGLE-FAMILY DETACHED.
"Single-Family Detached Dwelling Unit" means a free-standing building designed for or used exclusively for residence purposes by a single housekeeping unit.
(Ord. 2020-124. Passed 11-4-20.)
1121.16 DWELLING UNIT, SINGLE-FAMILY ATTACHED.
"Single-Family Attached Dwelling Unit" means one (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for an individual or group of individuals living together as a single housekeeping unit, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking, bathing, toilet, and sleeping facilities.
(Ord. 2020-124. Passed 11-4-20.)
1121.17 FAMILY.
"Family" means one (1) or more persons occupying a dwelling unit and living as a single unit, excluding however, both for-profit and non-profit group homes, halfway houses, drug and substance abuse treatment facilities, and other rehabilitation or residential, multiple person treatment facility, unless specifically exempted from zoning regulations and restrictions by the Ohio Revised Code or Federal Housing Laws.
(Ord. 2020-124. Passed 11-4-20.)
1121.18 FAMILY HOME.
"Family Home" means a residence licensed according to Chapter 5119 of the Ohio Revised Code to provide accommodations to not more than five (5) unrelated adults and which provides supervision and personal services to at least three (3) of those adults, where the adults live as a single unit and the residence serves as the adults' sole, bona fide permanent residence, but which does not provide nursing care or include residents who require "Skilled Nursing Care" or "intermediate nursing care" and shall not include "homes" and "homes for the aging" as defined in ORC Chapter 3721. (Ord. 2020-124. Passed 11-4-20.)
1121.19 GARAGE.
"Garage" means a building or portion thereof designed for and used for the parking, standing or temporary storage of vehicles.
(Ord. 2020-124. Passed 11-4-20.)
1121.20 GASOLINE SERVICE STATION.
"Gasoline Service Station" means a building or part thereof, structure or space used for the retail sale of gasoline, lubricants and motor vehicle accessories and for minor services and repairs.
(Ord. 2020-124. Passed 11-4-20.)
1121.21 GRADE.
"Grade" means a reference plane representing the average of the finished ground level adjoining the building at all exterior walls. Specifically:
(a) "Average Grade" means the mean elevation of the land measured at the set-back line between the side lot lines.
(b) "Established Street Grade" means the elevation established by the City Engineer measured at the roadway centerline in front of the lot.
(c) "Finished Grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(d) "Natural Grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill
(Ord. 2020-124. Passed 11-4-20.)
1121.22 HOUSES OF WORSHIP.
"Houses of Worship" means a building originally designed and constructed for religious worship such as church, synagogue, temple, mosque or word of similar import expressed in English or another language.
(Ord. 2020-124. Passed 11-4-20.)
1121.23 LICENSED HEALTH CARE FACILITY.
"Licensed Health Care Facility" means a health care facility licensed to provide medical services by the State of Ohio.
(Ord. 2020-124. Passed 11-4-20.)
1121.24 LOADING SPACE.
"Loading Space" means an off-street space for the temporary parking of delivery and pick-up vehicles, at least twelve feet (12') wide and of a length needed to accommodate delivery vehicles, and exclusive of any required automotive parking area driveway or parking aisle.
(Ord. 2020-124. Passed 11-4-20.)
1121.25 LOT.
"Lot" means a parcel of land occupied or intended to be occupied by a main building or use of by a group of buildings, together with accessory buildings and uses and open spaces as required by this Code, and having frontage on a public street. Specifically:
(a) "Corner Lot" means a lot abutting on two or more streets at their intersection.
(b) "Double Frontage Lot" means an interior lot having frontage on two (2) streets.
(c) "Front Lot Line" means the street line of the lot in the case of an interior lot and the street line designated by the Building Commissioner as the front lot line in the case of a corner lot.
(d) "Interior Lot" means a lot other than a corner lot.
(e) "Lot Depth" means the mean distance from the front lot line to the rear lot line.
(f) "Lot Frontage" means the width of a lot measured along the front lot line.
(g) "Lot Width" means the width measured along the setback building line as established on the Zone Map or in this Code.
(h) "Rear Lot Line" means the lot line generally opposite the front lot line. If the rear lot line is less than ten feet (10') in length or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the front lot line, not less than ten feet (10') long, lying wholly within the lot and farthest from the front lot line.
(i) "Side Lot Line" means a lot line other than a front or rear lot line.
(Ord. 2020-124. Passed 11-4-20.)
1121.26 MAIN USE OR BUILDING.
"Main Use or Building" means the principal use, purpose or activity conducted in a building or structure or on land.
(Ord. 2020-124. Passed 11-4-20.)
1121.27 NONCONFORMING.
(a) "Nonconforming Lot" means a lot existing lawfully at the time this Code or an amendment hereto became effective, but which does not conform to the lot area, width, access or other requirements of the District in which it is located.
(b) "Nonconforming Structure" means a structure existing lawfully at the time Code or an amendment hereto became effective, but which does not conform to the area, height or bulk of building, yard or other regulations of the District in which it is located.
(c) "Nonconforming Use" means the use of a building or land existing lawfully at the time Code or an amendment hereto became effective, but which does not conform to the main or
accessory use regulations of the District in which it is located.
(d) Nonconforming, Lot, Structure, or Use shall be deemed abandoned if the nonconforming use ceases for a period of six (6) months.
(Ord. 2020-124. Passed 11-4-20.)
1121.28 OCCUPANCY PERMIT.
"Occupancy Permit" means an official document of the City issued by the Building Commissioner confirming that the use of all or a part of a building, structure or parcel of land is in apparent compliance with the provisions of all existing codes, or is a lawfully existing non-conforming building or use and hence may be occupied and used lawfully for the purposes designated thereon as of the date of issuance.
(Ord. 2020-124. Passed 11-4-20.)
1121.29 OPEN SPACE.
"Open Space" means an area on which no building extends above the finished grade and which is open to the sky. Open Space may include natural vegetation, landscape features, pedestrian plazas or parks and parking and driveways.
(Ord. 2020-124. Passed 11-4-20.)
1121.30 PARKING.
"Parking" of motor vehicles is specifically defined as follows:
(a) "Off-Street Parking" or "required parking" means the amount of parking which is required by Code, which is located entirely off of the public street right of way and behind the parking setback for that particular District and which is intended to support a principal permitted use.
(b) "Parking Space" means an open paved area, not less than the areas specified in the zoning district, which is maintained for vehicle parking and which has sufficient aisle space for safe egress and ingress.
(c) "Structured Parking" means any multi-story structure designed for automobile parking with multiple levels for parking vehicles including parking garages, parking ramps, and parking decks.
(Ord. 2020-124. Passed 11-4-20.)
1121.31 PERSONAL SERVICES.
"Personal Services" means services provided to individual members of the general public where the primary purpose is not the transfer of ownership of tangible goods. Such operations may include personal grooming services such as barber shops, beauty parlors, tanning salons, nail salons, dry cleaning services, and tailoring, or may involve other personal improvement services such as tutoring or counseling.
(Ord. 2020-124. Passed 11-4-20.)
1121.311 RESTAURANT.
"Restaurant" means a business located in a permanent building, with a commercial kitchen that includes at a minimum a full size stove, oven and refrigerator, where meals are prepared, served and sold on-site to customers in exchange for the payment of money as the principal business of the place. (Ord. 2024-079. Passed 7-16-24.)
1121.312 SECOND HAND STORE/THRIFT SHOP.
“Second Hand Store/Thrift Shop” means a retail store that sells, either directly or by consignment, used or damaged merchandise to the general public.
(Ord. 2023-081. Passed 9-5-23.)
1121.32 SITE DEVELOPMENT PLAN.
"Site Development Plan" means a required set of preliminary and final drawings submitted to induce the Commission to grant an approval or recommend an approval to Council as required in certain districts for any change to any structure or land or to the intensity of use of any structure or land. Such plans shall indicate topography, proposed buildings, areas, uses, open spaces, parking, etc., as required and in sufficient detail to evaluate a proposal in compliance with the standards of this Code.
(Ord. 2020-124. Passed 11-4-20.)
1121.33 SET-BACK LINE.
"Set-Back Line" means a line established by the Code or on the Zone Map, generally parallel with and measured from the lot line, defining the limits of the yard in which no building, structure or use may be located above ground, except as may be provided in this Code.
(Ord. 2020-124. Passed 11-4-20.)
1121.331 SMALL BOX DISCOUNT STORE.
“Small Box Discount Store” means a retail, variety or discount store up to 15,000 square feet that sells at retail, directly to the consumer, a limited assortment of physical goods and other consumer products, including food or beverages for off-premises consumption.
(Ord. 2023-081. Passed 9-5-23.)
1121.34 STORY.
"Story" means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. A basement is a story if its ceiling is over five feet (5') above the level from which the height of the building is measured, if it is used for business purposes or if it contains any dwelling unit.
(Ord. 2020-124. Passed 11-4-20.)
1121.35 STREET.
"Street" means any road, thoroughfare, drive, freeway, easement, or accessway, public or private, which is specifically designed, dedicated, and maintained for public vehicular traffic. "Street" refers to the entire area within the right of way, including pavement, tree lawn, and sidewalk, and shall be built to the standards of and approved by the Engineer.
(Ord. 2020-124. Passed 11-4-20.)
1121.36 SUBDIVISION.
"Subdivision" mean the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, any one of which is less than five (5) acres for the purposes - whether immediate or future - of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted.
(Ord. 2020-124. Passed 11-4-20.)
1121.37 USE.
"Use" means any purpose for which buildings, structures, or land may be arranged, designed, intended, maintained, or occupied; or any activity, occupation, business, profession, or operation conducted in a building or structure or on land.
(Ord. 2020-124. Passed 11-4-20.)
1121.38 WIRELESS TELECOMMUNICATIONS ANTENNA.
"Wireless Telecommunications Antenna" means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received.
(Ord. 2020-124. Passed 11-4-20.)
1121.39 WIRELESS TELECOMMUNICATIONS FACILITY.
"Wireless Telecommunications Facilities" means equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.
(Ord. 2020-124. Passed 11-4-20.)
1121.40 VARIANCE.
"Variance" means an exception to or modification of certain terms of this Code where such change will not be contrary to the public interest and where owing to special conditions or unique circumstances of a property a literal enforcement of the provisions or requirements of the Code would result in an unnecessary hardship or practical difficulty and where the authorization of such exception or modification will not violate the spirit and intent of the Code, will result in a more harmonious and useful development, and substantial justice will be done.
(Ord. 2020-124. Passed 11-4-20.)
1121.41 YARD.
"Yard" means an open space on the same lot with a building or group of buildings, lying between the building or group of buildings and the nearest lot line, unoccupied and unobstructed from the ground upward, except such encroachments of structures permitted herein. A yard shall be measured between a lot line and a line parallel to such lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line, exclusive of the features permitted to extend into the required yard under this Code. The measurement of the yard shall be taken at right angles from the lot line to the line of the building. Specifically:
(a) "Front Yard" means an open unoccupied space across the full width of a lot, bounded by the front building line, the front lot line and the side lot lines.
(b) "Rear Yard" means an open unoccupied space extending across the rear of a lot between side lot lines.
(c) "Required Yard" means the minimum yard or setback required between a lot line and a building line in order to comply with the regulations of the District in which the lot is located.
(d) "Side Yard" means an open unoccupied space extending from the rear line of the required front yard to the rear-most part of the building and bounded also by the side lot line and the side of the building. In any District, the side yard on the street side of a corner lot shall be not less in width than the requirement of the setback building line established in this Code or shown on the Zone Map for that side of such corner lot.
(Ord. 2020-124. Passed 11-4-20.)
1121.42 ZONE MAP.
"Zone Map" means the official map of the City dividing the land within the City into several Use Districts to demonstrate the overall development plans for the City.
(Ord. 2020-124. Passed 11-4-20.)
1123.01 INTERPRETATION; PURPOSE.
In interpreting and applying the provisions of this Planning and Zoning Code, they shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. This Planning and Zoning Code shall not interfere with, repeal, abrogate or annul any existing provisions of law or ordinance or any rules or regulations previously adopted or issued or which may hereafter be adopted and issued pursuant to law relating to the use of buildings or premises; nor shall this Planning and Zoning Code interfere with, abrogate or annul any private easements, covenants, agreements or restrictions. However, where this Planning and Zoning Code imposes greater restrictions on use or height or requires larger lots or yards than are otherwise imposed or required, the terms of this Planning and Zoning Code shall control.
(Ord. 2020-124. Passed 11-4-20.)
1123.02 APPLICATION TO EXISTING BUILDINGS.
Nothing contained in this Planning and Zoning Code shall require any change in the plans, construction or designated use of a building completed at the time of passage of an Ordinance adopting this Zoning Code or for which a permit has been issued before the passage of this section and construction of which is begun within thirty days of the issuance of such permit, diligently prosecuted to its completion, and completed according to the plans and descriptions on which such permit was issued, within one year of the issuance of the permit.
(Ord. 2020-124. Passed 11-4-20.)
1123.03 PERMIT REQUIRED FOR CONSTRUCTION, ALTERATION AND REPAIRS.
The Building Commissioner shall cause examination to be made of every application for a building permit and shall issue no permit for any building or structure to be built, altered or repaired in violation of the City Ordinances. No building or structure shall be built, altered or repaired except after the issuance of such permit and in conformity with such permit and the plans, statements and other documents required by the Ordinances of the City. No permit for excavation or construction shall be issued by the Building Commissioner unless the plans, specifications and intended use conform to the provisions of this Planning and Zoning Code. Any such permit issued in violation hereof shall be void.
(Ord. 2020-124. Passed 11-4-20.)
1123.04 CERTIFICATE OF OCCUPANCY.
No owner shall use or permit the use of any building or premises or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly in its use or structure, until a Certificate of Occupancy, which shall be a part of the building permit, has been issued by the Building Commissioner. Such certificate shall show that such building or premises, or part thereof, and the proposed use thereof, are in conformity with the provisions of this Planning and Zoning Code. It shall be the duty of the Building Commissioner to issue a Certificate of Occupancy, provided that the Building Commissioner is satisfied that the building or premises and the proposed use thereof conform with all the requirements of this Planning and Zoning Code. Under such rules and regulations as may be established by the Building Commissioner. The Building Commissioner may issue a temporary Certificate of Occupancy for a part of a building for a period or not more than thirty days.
(Ord. 2020-124. Passed 11-4-20.)
1123.05 FRONTAGE REQUIRED.
No building shall be constructed on any lot unless such lot has a frontage on a public highway or upon a public street, which has been duly dedicated and accepted for public use.
(Ord. 2020-124. Passed 11-4-20.)
1123.06 REQUIRED AREAS NOT TO BE DIMINISHED.
Lot and/or yard areas required by this Planning and Zoning Code for buildings in each Zoning District shall not be included as a part of the required lot or yard areas of any other building; nor shall such lot or yard areas be diminished below the requirements of this Planning and Zoning Code. (Ord. 2020-124. Passed 11-4-20.)
1123.07 LOT GRADES.
The average grade of each lot, except as hereinafter otherwise provided, shall not exceed fifteen inches above the average established grade of that section of the street or streets on which such lot abuts. No artificial grading of any lot shall be made which will increase the height of any part of the grade thereof in such a manner that any part so graded is in excess of fifteen inches above the established average grade of the street along the line or lines bounding such lot. Wherever the average natural grade of any lot as determined by the City Engineer is above the lot grade hereby established, such average natural grade may be maintained for such lot. In the event that the topography of any land is such that the lot grade here established would, in the opinion of the City Engineer, work an injustice upon the owner or would render the improvement or development of the land difficult and impracticable, the City Engineer may approve establishing a different lot grade than that herein established.
(Ord. 2020-124. Passed 11-4-20.)
1123.08 CONFORMANCE WITH PLANS.
Since the City has adopted a general town plan, as shown by the Zone Map, no building or structure of any class or use shall be erected so that any part thereof shall come within the street lines shown at such time on such Zone Map, except as provided in subsection (c) hereof. There is hereby reserved to Council and to the Planning Commission the right to amend or modify the general town plan as shown on such Map, in whole or in part, by the acceptance or approval of allotments or subdivisions, the establishment of streets or highways, or otherwise, and upon such amendment or modification, the provisions of subsection (b) hereof relative to the erection of buildings or structures shall no longer apply to the area so amended or modified. No such amendment or modification shall be effective unless first approved by both Council and the Planning Commission and Council.
(Ord. 2020-124. Passed 11-4-20.)
1123.09 INSPECTIONS.
The Building Commissioner shall cause inspection to be made of all buildings and structures in process of construction, and such other buildings, structures and premises as found necessary or proper to be inspected in the enforcement of this Planning and Zoning Code.
(Ord. 2020-124. Passed 11-4-20.)
1123.10 VIOLATIONS.
(a) When any construction, alteration or repair of any building or structure is being done in violation of this Planning and Zoning Code, it shall be unlawful to proceed further upon such work and such work shall be suspended forthwith.
(b) When any building, structure or premises are being used or occupied in violation of this Planning and Zoning Code, it shall be unlawful to continue such use or occupancy and such use and occupancy shall be suspended forthwith.
(c) It shall be the duty of the Building Commissioner to notify the owner, or the owner's agent, of such unlawful work, use or occupancy, and to cause a written or printed notice of the suspension thereof to be posted conspicuously and as near as practicable to the scene of the unlawful work, use or occupancy. No person shall remove, deface, cover or conceal such notice or do any further work on such building or structure, or continue the use or occupancy of such building, structure or premises until such notice shall have been rescinded by the Building Commissioner or the Planning Commission, subject to the concurrence of Council; provided that the Building Commissioner may direct such covering or protection to be made as the public safety may require, and the person performing the suspended work, use or occupancy shall immediately make such covering and protection as directed.
(Ord. 2020-124. Passed 11-4-20.)
1123.99 PENALTY.
(a) The owner of any building or premises or part thereof where anything in violation of this Planning and Zoning Code shall be placed, or shall exist, and any architect, builder or contractor who assists in the commission of any such violation, and any person who violates any of the provisions of this Planning and Zoning Code, the rules and regulations of the Planning Commission and the Board of Zoning Appeals made pursuant thereto and any resolutions of Council passed incident or pursuant thereto, or fails to comply therewith, and for which no other penalty is provided is guilty of a misdemeanor of the first degree.
(b) The imposition of any penalty shall not preclude:
(1) The Building Commissioner, or his or her designee, from implementing a fine of two hundred fifty dollars ($250.00) for the first offense, five hundred dollars ($500.00) for the second offense, and seven hundred fifty dollars ($750.00) for each subsequent offense thereafter. At the discretion of the Building Commissioner, or his or her designee, a warning notice may be given for a first offense.
(2) The Director of Law of the City, or his or her designee, from instituting an appropriate action or proceeding in a court of competent jurisdiction to restrain, correct or abate a violation or to require compliance with the provisions of this Planning and Zoning Code.
(c) Each day such violation or failure to comply exists shall constitute a separate offense. (Ord. 2023-081. Passed 9-5-23.)
1124.01 CONDITIONAL USE PERMITS GENERALLY.
Conditional Use Permits shall be required for certain uses as set forth in this Zoning Code. Because of their uncommon or unique nature or characteristics, infrequency of occurrence, large area requirements, potential for impact upon persons or adjacent properties, or for other reasons, such uses may not be permitted in a District without consideration in each case of those potential impacts and the standards and conditions under which they may be permitted and desirable at specific locations and in certain districts.
(Ord. 2020-124. Passed 11-4-20.)
1124.02 PLANNING COMMISSION AND COUNCIL APPROVAL REQUIRED.
Uses designated as conditionally permitted uses in a District are not permitted by right in the District. Those uses enumerated in this Code as being conditionally permitted may be permitted in the District where enumerated only if a determination is made by the Planning Commission and confirmed by City Council that such use conforms to accepted planning standards and the criteria provided herein and subject to compliance with any specific conditions or standards attached to the approval by either the Planning Commission or City Council, otherwise such uses shall be prohibited in the District. The application of planning standards, for determining the acceptability, location, and extent of such conditionally permitted uses, is a planning function and not in the nature of a variance or appeal.
(Ord. 2020-124. Passed 11-4-20.)
1124.03 APPLICATIONS FOR CONDITIONAL USE PERMITS.
Applications for a Conditional Use Permit shall be made on forms provided by the City's Building Department. Upon receipt of a completed application, the request shall be scheduled for the next regularly scheduled Planning Commission meeting. The Planning Commission may recommend approval, denial, or approval with specific conditions and standards for the operation of the proposed conditional use. The recommendation of the Planning Commission shall be forwarded to City Council for its concurrence at the next regular Council meeting. No Conditional Use Permit shall be issued without the approval of City Council.
(Ord. 2020-124. Passed 11-4-20.)
1124.04 NOTICE AND HEARING.
(a) The Planning Commission shall hold a public hearing on each application for a conditional use permit and shall give at least ten (10) days notice of the time and place thereof by:
(1) Sending written notice by first class mail at least ten (10) days before the date of the public hearing to owners of property contiguous to and directly across the street from the parcel or parcels which are the subject of such request. Such notice shall be sent to the addresses of owners appearing on the County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by the Commission. The failure of delivery of such notice shall not invalidate any action pertaining to the request for a conditional use permit; and
(2) By an two (2) of the following methods:
A. Publication in a newspaper of general circulation in the City;
B. Posting on the City website; or
C. Posting in a public space at City Hall.
(b) During such ten (10) days, the application, together with any maps, plans and reports submitted to the Planning Commission, shall be on file for public examination in the office of the Clerk of Council.
(c) Meetings for further consideration, discussion and/or vote of the application for a conditional use permit that take place after the initial public hearing are not subject to the notice and hearing requirements in this section.
(Ord. 2024-079. Passed 7-16-24.)
1124.05 TIME LIMITATION ON APPROVAL.
Failure to obtain a Building Permit and commence construction or operation of the conditionally permitted use within twelve (12) months from the date of issuance of a Conditional Use Permit shall render such approval null and void. The Building Commissioner may grant an extension of time not to exceed three (3) months, and extension beyond three (3) months must be by the Planning Commission.
(Ord. 2023-081. Passed 9-5-23.)
1125.01 AMENDMENTS INITIATED BY CITY COUNCIL AND/OR PLANNING COMMISSION.
City Council may, on its own motion or on petition, after the public notice and hearing pursuant to Section 1125.04 of this Chapter, filing of documents and hearing required by law, amend this Planning and Zoning Code in any respect. No such amendment shall be passed unless the ordinance shall have first been submitted to the Planning Commission for its consideration and recommendation. Any amending ordinance submitted to Council by the Planning Commission may be passed without further reference to such Commission.
(Ord. 2020-124. Passed 11-4-20.)
1125.02 PETITION BY LANDOWNERS.
(a) Applications for a text amendment to this Planning and Zoning Code or for the rezoning of land to a different District shall be filed with the Clerk of Council with a non-refundable filing fee and a deposit of to reimburse the City for any expense incurred in the review process in such amounts as may established by City Council. The Finance Director may request an additional deposit at any time when the deposit is depleted.
(b) Applications for rezoning shall be made on forms provided by the Building Commissioner and shall include eighteen (18) copies of the following information, at a minimum:
(1) A letter containing a full and complete statement, signed by a principal of the corporation or partnership or an individual requesting rezoning, including:
A. The location of the property to be rezoned;
B. The present use of the property;
C. The proposed use of the property;
D. A general statement regarding the type of building to be constructed, including its height and square footage;
E. A statement regarding the identity of the Applicant, and the Applicant's interest in the property.
(2) A proposed Site Development Plan locating the building and improvements intended to be developed if the zoning is approved. Printed on the Site Development Plan shall be a "box score" listing:
A. All of the Zoning Code requirements for the proposed use;
B. The actual dimensions shown on the Site Development Plan; and
C. The amount of any variance requested.
(3) A legal description of the property, which description shall include all easements or other restrictions on the use of the land.
(4) Proof of each business entity's registration with the Ohio Secretary of State or equivalent registration if the entity was formed in a different state or country.
(c) Applications for text amendments to this Zoning Code, not including rezoning, shall be made on forms provided by the Building Commissioner and shall include eighteen (18) copies of the following information, at a minimum:
(1) A letter containing a full and complete statement, signed by a principal of the corporation or partnership or an individual requesting the text amendment, including:
A. The full text of the relevant code section(s) clearly showing the requested amendment.
B. An explanation of the reason for the requested amendment.
(2) Proof of each business entity's registration with the Ohio Secretary of State or equivalent registration if the entity was formed in a different state or country. (Ord. 2020-124. Passed 11-4-20.)
1125.03 ACTION BY PLANNING COMMISSION.
Upon receipt of a complete application for an amendment to the Planning and Zoning Code or upon initiation of an amendment by the Commission, the Planning Commission shall conduct a public hearing on such request after notice of said hearing pursuant to Section 1125.04 of this Chapter. Upon conclusion of the public hearing the Commission shall make a report and recommendation to City Council within sixty (60) days of said hearing unless such time period shall have been extended with the consent of the applicant. The Planning Commission may recommend approval of the zoning amendment, approval with modifications, or denial.
(Ord. 2020-124. Passed 11-4-20.)
1125.04 PUBLIC NOTICE OF HEARING.
Notice of the public hearing before the Planning Commission for a text amendment or for rezoning of land shall be provided as follows:
(a) Placement of an advertisement in a newspaper of general circulation within the City at least thirty (30) days prior to the date of such public hearing;
(b) Posting in a public space at City Hall at least thirty (30) days prior to the date of such public hearing; and
(c) For the rezoning of land, sending written notice by first class mail at least ten (10) days before the date of the public hearing to owners of property contiguous to and directly across the street from the parcel or parcels which are the subject of such rezoning request. Such notice shall be sent to the addresses of owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by the Board.
(d) Meetings for further consideration, discussion and/or vote of the application for a text amendment to the Zoning Code or for rezoning of land that take place after the initial public hearing are not subject to the notice and hearing requirements in this section.
(Ord. 2024-079. Passed 7-16-24.)
1125.05 ACTION BY CITY COUNCIL.
Upon receipt of the report and recommendation of the Commission for a text amendment or rezoning, said proposed amendment or request for rezoning shall be introduced at the next regular Council meeting occurring at least seven (7) days after receipt of the report and recommendation. The Council may refer a proposed amendment to a committee of Council for further study at any time prior to adoption. The Council may declare a moratorium for a period not to exceed 120 days if it finds and determines the necessity of preventing applications for Site Development Plan approval to the Commission, or applications for building permits to the Building Commissioner, during a period when amendments to the Planning and Zoning Code are being reviewed by the Council, and legislation is pending to amend the Planning and Zoning Code, in order to prevent the vesting of property owners' rights during the limited period of time when such legislation is being considered.
(Ord. 2020-124. Passed 11-4-20.)
1125.06 KEEPING ZONE MAP CURRENT.
On the passage of any amendment changing the zoning or districting of any area, it shall be the duty of the Building Commissioner forthwith to cause such change to be entered upon the Zone Map by an appropriate designation. A copy of the Official Zoning Map shall be kept on file in the office of the Building Commissioner.
(Ord. 2020-124. Passed 11-4-20.)
1127.01 PURPOSE.
The purpose of this Chapter is to provide for the regulation of uses, structures, and lots lawfully established prior to the enactment of this Code and amendments hereto but which do not conform to the existing provisions hereof. Such lawfully established uses, structures, and lots may be continued, despite their nonconforming conditions, subject to the provisions of this Code which provide for their completion and continued use, but also provide for reasonable regulation of their restoration, reconstruction, extension, and substitution. While it is the intent of this Chapter to permit such nonconforming conditions to continue until abandoned, removed, or abated, a nonconformity is deemed incompatible with currently permitted uses and requirements in the zoning district and should be discouraged, especially where such nonconformity constitutes a nuisance or hazard. (Ord. 2020-124. Passed 11-4-20.)
1127.02 NONCONFORMING USES; EXTENSIONS AND CHANGES.
A Nonconforming Use existing at the time of the passage of this Chapter may be continued. A Nonconforming Use shall not be extended without the approval of the Commission, except that the extension of the use to any portion of the building, which portion was arranged or designed for such nonconforming use at the time of the passage of this Chapter, shall not be deemed an extension of a Nonconforming Use. A Nonconforming Use, if changed to a conforming use, may not thereafter be changed back to a Nonconforming Use. Whenever a Nonconforming Use has been discontinued for a period of six (6) consecutive months or more, such discontinuance shall be considered conclusive evidence of an intention to legally abandon the Nonconforming Use At the end of the six (6) months period of abandonment, the Nonconforming Use shall not be re-established, and any further use shall be in conformity with the provisions of this Code.
(Ord. 2020-124. Passed 11-4-20.)
1127.03 NONCONFORMING LOTS
When a Nonconforming Lot can be used in conformity with all applicable provisions of this Code, except that either the area or the width of the lot is nonconforming, then the lot may be used as if its area were conforming. When conforming use of a Nonconforming Lot cannot reasonably be established due to the setback requirements of the District in which it is located, the Commission may grant variances to setback requirements as necessary to establish a permitted use of the District, provided that there is no contiguous land in common ownership with the subject lot which could be used to reduce or eliminate the nonconformity and the variance meets all other variance standards of this Code.
(Ord. 2020-124. Passed 11-4-20.)
1127.04 NONCONFORMING STRUCTURES.
(a) Alterations or Enlargements: A Nonconforming Structure may be enlarged or extended to extend such structure to a total area not to exceed twenty percent (20%) more than the original existing area of the structure, provided that the alteration or enlargement shall comply with the current regulations for the District in which it is located.
(b) Restoration of Damaged Structure: Nothing in this Chapter shall prevent the reconstruction, repairing, rebuilding, and continued use of any Nonconforming Structure damaged by fire, collapse, explosion or acts of God, subsequent to the date of this Code, provided that not more than fifty percent (50%) of the value of the building or structure was lost in such damage event and provided such replacement or repair does not extend the nonconformity, and further provided that such replacement or repair occurs within one (1) year of the date of damage. When more than fifty percent (50%) of the value of the structure is lost in such damage event, the Nonconforming Structure and use shall not be reconstructed except either in a manner conforming with this Code or with the special approval of the Commission and the concurrence of City Council.
(c) Repairs and Maintenance: Repairs and maintenance work as required to keep a nonconforming structure in sound condition are permitted.
(Ord. 2020-124. Passed 11-4-20.)
1127.05 COMPLETION OF APPROVED CONSTRUCTION.
Nothing in this Chapter shall prohibit the completion or construction and use of a Nonconforming Structure for which a Building Permit has been issued prior to the effective date of this Code or amendment thereto, and provided that construction is commenced within ninety (90) days and provided that the entire Nonconforming Structure and the establishment of the use shall have been completed within one (1) year after issuance of the Building Permit.
(Ord. 2020-124. Passed 11-4-20.)
1129.01 DETERMINATIONS.
Where specifically authorized by the provisions of this Planning and Zoning Code, the Planning Commission may, with the consent and approval of City Council, make a determination that a requested Use which is not expressly listed as a permitted use within a particular Use District is a similar, harmonious, and compatible use within said District where the approval of said Use will not adversely affect other properties and is consistent with the spirit and intent of both the specific District and this Planning and Zoning Code. Where a Use is determined by the Commission and Council to be similar, harmonious, and compatible to the listed permitted uses in a District, it shall thereafter be treated as a permitted Use within the identified Use District. Such determinations by the Commission and Council shall be considered interpretations of this Code and not Use variances. (Ord. 2020-124. Passed 11-4-20.)
1129.02 VARIANCE AUTHORITY.
The Board of Zoning Appeals may recommend and the City Council mayconfirm, upon appeal, in specific cases, such variances from the terms of this Planning and Zoning Code only when there are practical difficulties or unnecessary hardships in carrying out the strict interpretation of the Code and only so long as the granting of such variances will be in harmony with the general purpose and intent of the Code and that the public health, safety and general welfare will continue to be secured and substantial justice done.
(Ord. 2020-124. Passed 11-4-20.)
1129.03 VARIANCE APPLICATIONS.
(a) Each application for a variance shall be made on forms provided by the Building Commission and shall include twelve (12) copies of the following:
(1) A statement of justification for the requested variance along with substantiating evidence regarding the required findings of fact as set forth herein.
(2) The specific section of the Code for which a variance is being sought.
(3) Written proof of control of the property by ownership, option or lease.
(4) Proof of each business entity's registration with the Ohio Secretary of State or equivalent registration if the entity was formed in a different state or country.
(b) It shall be the responsibility of each applicant to provide sufficient information and clear and convincing evidence to support the requested variance.
(Ord. 2020-124. Passed 11-4-20.)
1129.04 NOTICE AND HEARING.
(a) The Board of Zoning Appeals shall hold a public hearing on each application for a variance and shall give at least ten (10) days notice of the time and place thereof by:
(1) Sending written notice by first class mail at least ten (10) days before the date of the public hearing to owners of property contiguous to and directly across the street from the parcel or parcels which are the subject of such request. Such notice shall be sent to the addresses of owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by the Board. The failure of delivery of such notice shall not invalidate any such variance; and
(2) By any two (2) of the following methods:
A. Publication in a newspaper of general circulation in the City;
B. Posting on the City website; or
C. Posting in a public space at City Hall.
(b) During such ten (10) days, the application, together with any maps, plans and reports submitted to the Board of Zoning Appeals, shall be on file for public examination in the office of the Clerk of Council. (Ord. 2020-124. Passed 11-4-20.)
1129.05 AREA VARIANCES.
No appeal for an area variance, that is a variance involving provisions relating to spatial or dimensional requirements, such as yard dimensions, setbacks, height, parking, or similar requirements or provisions of this Planning and Zoning Code, shall be recommended or granted by the Board of Zoning Appeals or granted by City Council unless the Board and/or Council determine by clear and convincing evidence that a practical difficulty exists or will result from the literal enforcement of the Code and that granting such variance is consistent with the provisions and requirements of Section 1129.02 of this Chapter. The following standards shall be considered and weighed by the Board and Council in determining whether the granting of an area variance is warranted:
(a) Whether the property in question will yield a reasonable return and whether there can be any beneficial use of the property without the variance.
(b) Whether the variance is substantial.
(c) Whether the essential character of the neighborhood will be substantially altered and whether adjoining properties will suffer interference with their proper future development and rights as a result of the variance.
(d) Whether the variance will adversely affect the delivery of governmental services (i.e. water, sewer, garbage, fire, police, or other).
(e) Whether the property owner purchased the property with knowledge of the zoning restriction.
(f) Whether the property owner's predicament can be obviated through some method other than a variance.
(g) Whether the spirit and intent of this Code will be observed and substantial justice done by granting the variance.
(h) Whether granting of the variance will be contrary to the general purpose, intent, and objective of the specific Use District.
(i) Whether the variance requested arises from a condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning District or general vicinity.
(j) Whether the practical difficulty is created by this Code and not by any action or actions of the property owner or the applicant.
(k) Whether the variance desired will adversely affect the public health, safety, or general welfare.
(l) Whether the variance requested is the minimum variance necessary to afford relief to the property owner.
(Ord. 2020-124. Passed 11-4-20.)
1129.06 USE VARIANCES.
No appeal for a use variance, that is, a variance for the approval of a use which is not permitted in the District, shall be recommended by the Board or granted by Council unless the Board and Council determine by clear and convincing evidence that an unnecessary hardship exists or will result from the literal enforcement of the Code and that granting such variance is consistent with the provisions and requirements of Section 1129.02 of this Chapter. The following standards shall be considered and weighed by the Board and Council in determining whether the granting of a use variance is warranted to afford relief of an unnecessary hardship:
(a) Whether uses permitted in the District may be reasonably established on the property and whether the permitted uses are economically viable on the property in question without the variance.
(b) Whether the variance is the minimum variance necessary to afford relief to the property owner.
(c) Whether the essential character of the neighborhood will be substantially altered or adjoining properties will suffer interference with their proper future development and rights as a result of the variance.
(d) Whether the variance requested arises from an exceptional condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning district or general vicinity.
(e) Whether the hardship condition was created by actions of the applicant.
(f) Whether the spirit and intent of the Code will be observed and substantial justice done by granting the variance.
(g) Whether the use requested is similar in character to the permitted uses in the subject District.
(h) Whether the subject property is adequate to meet the needs and requirements of the proposed use. (Ord. 2020-124. Passed 11-4-20.)
1129.07 ACTION BY BOARD OF ZONING APPEALS.
In recommending approval of a variance, the Board may prescribe appropriate conditions, stipulations, requirements, and safeguards in conformity with this Code. Violations of such conditions, stipulations, requirements, and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code.
(Ord. 2020-124. Passed 11-4-20.)
1129.08 ACTION BY CITY COUNCIL.
Council shall consider the recommendation of the Board of Zoning Appeals along with the variance application, including any and all conditions, stipulations, requirements, and safeguards recommended by the Board. Council may include and attach the conditions, stipulations, requirements, and safeguards recommended by the Board, may modify the recommendations of the Board, and/or may prescribe such additional conditions, stipulations, requirements, and safeguards as it may deem necessary and appropriate as terms and conditions under which the variance is granted. Violations of such conditions, stipulations, requirements, and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code. Any person, firm, or corporation aggrieved by any decision of the Council with regard to an application for a variance may appeal such decision to the Court of Common Pleas provided that such appeal shall be filed within thirty (30) days after the date of Council's action.
(Ord. 2020-124. Passed 11-4-20.)
1129.09 TIME LIMITATION.
Variances shall become null and void if the use is not established or the building is not commenced within one (1) year of the date the variance becomes final or such other time frame as the Board of Zoning Appeals and Council may establish.
(Ord. 2020-124. Passed 11-4-20.)
1129.10 APPEALS OF ADMINISTRATIVE DECISIONS.
The owner, agent or operator of any structure or premises shall have the right to appeal from any order of, or written notice issued by, the Building Commissioner within ten (10) days from the date such notice was given or mailed or order issued, and to appear before the Board of Zoning Appeals at a time and place fixed by the Board of Zoning Appeals to show cause why he or she should not comply with such notice. Such appeal must be in writing and filed with the clerk of the Board of Zoning Appeals or the Clerk of Council. Failure to file a written appeal with the Board of Zoning Appeals within the time prescribed herein shall constitute a waiver of the right to appeal. Except in cases of emergency, filing of an appeal from any such notice shall suspend action on enforcement of such notice until the appeal is acted upon by the Board of Zoning Appeals. (Ord. 2020-124. Passed 11-4-20.)