Wickliffe City Zoning Code

TITLE SEVEN

Administrative Provisions

1329.10 INTENT.

(a) Within the districts established by this Zoning Ordinance and amendments thereto, or amendments that may be adopted, buildings, lots and uses of buildings and land prevail which were lawful before this Zoning Ordinance was passed or amended, but which would be prohibited under the terms of this Zoning Ordinance or future amendments.

(b) It is the intent of this Zoning Ordinance to permit such nonconformities to continue until they are removed, although they are considered to be incompatible with the permitted uses in the districts involved and with the land use plan of the City. It is further the intent that nonconformities shall not be enlarged upon, expanded or extended, but may be changed only to a more restrictive use, and to regulate the rebuilding if substantially destroyed, except in cases where the nonconforming aspect of a building is due to a front yard set back on Euclid Avenue of less than seventy feet from the street right of way line. Furthermore, the continuation of a lawful nonconformity shall not be construed as a reason for permitting nonconformities not specifically permitted in this Zoning Ordinance. (Ord. 1980-31. Passed 10-13-80.)

1329.20 NONCONFORMING BUILDINGS.

A building or other structure existing lawfully at the time this Zoning Ordinance became effective, but which does not conform as to area or width of lot, yard dimensions, lot coverage, height of building, use intended or other regulations of the district in which it is located, is a lawful nonconforming building. Such building may be continued to be occupied so long as it remains otherwise lawful, subject to the following provisions:

(a) Maintenance and Repair. A nonconforming building may continue to be used, maintained and repaired; provided, however, no structural parts shall be replaced except when required by law to restore to a safe condition, or to make the building or use conform to the regulations of this district in which it is located.

(b) Additions. A nonconforming building shall not be altered, added to or enlarged unless the additions and original building are made to conform to the yard, coverage and height regulations of the district in which it is located, except a nonconforming dwelling may be altered, modernized or enlarged, provided the alterations and enlargements conform to all the yard regulations.

(c) Moving. A nonconforming building shall not be moved in whole or in part to any other location on the lot or other premises, unless every portion of such building so moved is made to conform to all regulations of the district in which it is to be located.

(d) Restoration of Damaged Building. If a nonconforming building is damaged or destroyed by any cause, to the extent of fifty percent or less of its reproduction value, those portions so destroyed or damaged may be restored but to not more than its former size, provided such restoration is completed within a period of one year from date of damage or destruction. If such a building is occupied by a nonconforming use prior to damage, such use may be continued.

If a nonconforming building is damaged or destroyed by more than fifty percent of its reproduction value, no repairing or reconstruction shall be made unless every portion of the building is made to conform to regulations of the districts in which the building construction contractors, one to be appointed by the owner, one to be appointed by the City and the third to be selected by mutual consent of the two parties.

(e) Euclid Avenue Setback. Nonconforming buildings so classified because they do not meet the seventy foot front yard set back on Euclid Avenue may be altered, modernized or added to, provided the alterations and additions are subject to the following provisions:

(1) Off-street parking regulations and loading regulations shall comply with the provisions of the existing ordinances governing such regulations.

(2) Side yard regulations, rear yard regulations, lot coverage regulations, building height regulations and use regulations shall comply with the provisions of the existing ordinances governing such regulations.

(3) New facades may be permitted on existing nonconforming building elevations provided the new material does not exceed six inches nor encroach on the public right of way.

(4) New overhangs may be permitted on existing nonconforming building provided the new material does not require ground supports nor project more than three feet from the building nor project into the public right of way.

(5) Enlargement of a nonconforming building may be extended into the side and rear yards, and shall further comply with all of the provisions of the Building Code, existing ordinances governing such regulations and the provisions of subsection (e)(1) and (2).

(Ord. 1980-32. Passed 10-13-80.)

1329.30 NONCONFORMING USE OF BUILDINGS.

A use of a building existing lawfully at the time this Zoning Ordinance became effective, but which does not conform to the use regulations, including the sign regulations, parking or loading regulations of the district in which it is located, is a nonconforming use of a building and may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a) Change of Use. The nonconforming use of a building may only be changed to a conforming use, or to a use permitted in a more restricted district if approved by the Commission. Thereafter it shall not be changed back to the former nonconforming use. For this purpose, the districts shall be considered from most to least restrictive, as set forth in Section 1305.10.

(b) Expansion of Use. A nonconforming use of part of a building may only be expanded or extended throughout those parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Zoning Ordinance, but no such use shall be extended so as to occupy any land outside such building.

(c) Discontinuance of Use. If a nonconforming use within a building or portion thereof is discontinued for a continuous period of two years, any future use of such building, or portion thereof, so discontinued, shall be in conformity with the use regulations of the district in which the building is located.

(d) Nonconforming Signs. A sign, existing lawfully at the time this Zoning Ordinance became effective, but which does not conform with the sign regulations of the district in which it is located, may be maintained and structural or electrical parts may be repaired or restored to a safe condition only if required by law. Otherwise, a nonconforming sign shall not be altered or moved unless it is made to conform with this Zoning Ordinance. If any sign or part thereof is damaged or destroyed to more than fifty percent of its reproduction value, or taken down, it shall not be rebuilt or relocated unless it shall be made to comply with the regulations of the district in which it is located.

(e) Nonconforming Parking Facilities. A building, or use, existing lawfully at the time this Zoning Ordinance or an amendment thereto became effective, but which does not conform with the off-street parking or off-street loading regulations, may be occupied by the existing use without such parking and/or loading facilities being provided. Any parking spaces that may be provided shall be in accord with the regulations and standards set forth in Chapter 1321. However, if the existing building is altered so that there is an increase in the number of dwelling units, seating capacity or floor area, or if the use is changed to a use requiring more seating capacity or floor area, or if the use is changed to a use requiring more off- street parking and loading facilities shall be provided at least equal to the number of spaces required for the entire building or use in accord with the schedule as set forth in Sections 1321.31 and 1321.70.

(f) Nonconforming as to Performance Standards. A building or use existing lawfully at the time this Zoning Ordinance became effective, but which is nonconforming as to one or more of the performance standards, shall not be required to conform therewith except at such times that the building or use is changed or expanded. (Ord. 1961-103. Passed 12-29-61.)

1329.40 NONCONFORMING USE OF LAND.

A vacant lot or parcel of land, nonconforming as to use or dimension and existing lawfully at the time this Zoning Ordinance or an amendment thereto became effective, but which does not conform with the use and/or dimension regulations of the district in which it is located, is a nonconforming use of land, and such use may be continued so long as it remains otherwise lawful, subject to the following provisions.

(a) Expansion of Use. The nonconforming use of a lot, or part thereof, is expanded or extended onto other parts of the lot.

(b) Discontinuance of Use. If the nonconforming use of a lot, or part thereof, is discontinued for a continuous period of two years, any future use of such lot of part thereof so discontinued shall be in conformity with the use regulations of the district in which it is located.

(c) Insufficient Size. A lot, or lots, nonconforming as to lot area and/or lot width requirements of the district in which it is located, existing lawfully at the time this Zoning Ordinance or an amendment thereto became effective, may be developed in accordance with regulations set forth in Section 1309.43.

(Ord. 1961-103. Passed 12-29-61.)

1329.50 NONCONFORMING USE DUE TO RECLASSIFICATION.

(a) The foregoing provisions of this chapter shall also apply to the buildings, structures, land or other uses hereafter becoming nonconforming as a result of reclassification of districts or of other amendments made to this Zoning Ordinance or of future reclassification of districts or of other amendments made thereto.

(b) Buildings and uses that were conforming or lawfully existing nonconforming buildings and uses under Ordinance No. 1931-90 and become nonconforming under this Zoning Ordinance shall be deemed lawful nonconforming buildings and uses.

(Ord. 61-103. Passed 12-29-61.)

1329.60 CHANGE FROM NONCONFORMING USE.

(a) A nonconforming building or use shall cease to be considered as such whenever it complies with the requirements of the district in which it is located and shall not be resumed thereafter.

(b) A proposed building conforming in all respects to this Zoning Ordinance shall be permitted on the same zone lot as a nonconforming building or use, provided the lot area, lot width and number and location of parking spaces of the nonconforming use and the conforming building equal the sum of the lot area, lot width and parking spaces required for each use, and provided the distances between the conforming building and nonconforming building or use are equal to the distances required if the two uses were on adjacent zone lots; provided, however, that in a one-family and two-family district, only one main building shall be permitted on a zone lot. (Ord. 1961-103. Passed 12-29-61.)

1329.70 PROHIBITED USES.

The following uses are prohibited from locating in any district within the City.

(a) Explosives or fireworks, manufacture or storage.

(b) Slaughterhouses, stockyards.

(d) Trailer camps, tourist camps, or cabin plots.

(e) Fish houses, live poultry sales, poultry killing where the main or principal business is the killing of poultry.

(f) The crushing of raw or manufactured materials such as concrete, stone, glass, asphalt, aggregate, or other similar materials.

(g) Distillation of bones, fat rendering, glue manufacturing, or refuse.

(Ord. 2020-23. Passed 6-29-20.)

1331.10 CONDITIONAL USE PERMITS; WHERE REQUIRED.

Conditional Use Permits shall be required for certain types of uses, so classified because of their uncommon or unique characteristics, infrequency of occurrence, large area requirements or for other reasons. Such use shall not be permitted by right. The conditional uses enumerated in this Zoning Ordinance may be permitted under specific conditions in the district enumerated, only if they conform to standards provided in this chapter.

(Ord. 1966-100. Passed 12-12-66).

1331.20 APPLICATION FOR PERMITS.

An application for a Conditional Use Permit shall be made by the builder, owner or his agent to the Planning Commission and shall be accompanied by such drawings and/or plans and/ or a statement so as to fully describe and set forth all elements of the proposed use. Such data supplied with the permit application shall describe in detail the proposed use to the extent that the Planning Commission can have no doubt as to the use of the proposed use, and can determine the effect upon surrounding properties, and can evaluate the effect of the proposed use upon traffic, fire hazards, public utilities and the public health, safety and welfare of the inhabitants of Wickliffe. The Planning Commission shall hold a public hearing on each application for a conditional use permit and notice of such hearing shall be mailed to the owners of the property in question and to those property owners deemed by the Planning Commission to be affected by the proposed use. Notices shall be mailed at least fifteen days before the hearing. If an application is received at least five days before a scheduled meeting of the Planning Commission, it shall take action within ninety days after the meeting, unless a longer period of time is agreed to by the applicant. In the event the Planning Commission fails to act within such period of time, the application for a Conditional Use Permit shall be deemed to be approved.

(Ord. 1966-99. Passed 12-12-66.)

1331.21 CONDITIONAL USE PERMIT FEE.

The application for a Conditional Use Permit shall be accompanied by the payment of a fee as established by Ordinance of Council to defray the cost of advertising the public hearing and the mailing of notices.
(Ord. 2003-34. Passed 6-23-03.)

1331.30 STANDARDS FOR EVALUATING APPLICATIONS.

An application for a Conditional Use Permit shall not be approved, unless the Commission finds that the proposed use complies with the following conditions and standards.

(a) To be approved in a Residential District, the Commission must find that:

(1) The proposed use will be properly located in relation to the secondary and local streets and pedestrian circulation pattern; and

(2) The proposed use will generate only a minimum of traffic through a residential neighborhood if locating along a local street; and

(3) The proposed use is necessary to serve the surrounding residential areas, which neighborhood cannot be served satisfactorily if the same use is located in a nearby, less restrictive district where it may be permitted by right; and

(4) The location, design and operation of such use would not discourage or interfere with the appropriate development or impair the value of the surrounding Residential District.

(b) To be approved in any other district, the Commission must find that:

(1) The proposed use is necessary to serve community needs in existing facilities located in a less restrictive or more remote district in which the use may be permitted by right are inadequate.

(2) The proposed use would not be closer than appropriate in the particular situation to schools, churches and other places of assembly; and

(3) The location, size, intensity and layout of the proposed use and operations would conform to the noise, smoke, dust, odor, fume, vibration and/or glare performance standards of the district; and

(4) The proposed use will form a harmonious part of the district wherein it is proposed to be located, considering such features as convenience of access and relationship of one use to another; and

(5) Because of its limited size, modern process or equipment, the performance of the proposed use is such that it should be properly permitted in a less restrictive district than the district in which it is permitted by right; and

(6) The hours of operation of the proposed use are similar to a use permitted in a district, and that the proposed use will not generate more traffic than normal for the district.

(Ord. 1966-99. Passed 12-12-66.)

1331.40 APPROVAL.

(a) The Planning Commission shall make a determination based on the information available or it may request additional information. If the application for the conditional use is approved, the Commission shall set forth any specific terms, conditions and safeguards that shall be required so that the proposed use will conform with the intent and standards of the district. The Commission shall then instruct the Building Commissioner to issue a Conditional Use Permit. The Council shall be notified of such action.

(b) After the effective date of this Zoning Ordinance, an application for a Conditional Use Permit may be submitted by an owner for any existing use requiring such permit and it shall be issued.
(Ord. 1961-103. Passed 12-29-61.)

1331.41 INSPECTION FOR COMPLIANCE.

(a) When a Conditional Use Permit has been approved by the Planning Commission, which sets forth any specific terms, conditions, and safeguards that shall be required so that the use will conform with the intent and standards of the district, the Building Commissioner shall inspect the premises after one year and annually thereafter for compliance to said specific terms, conditions, and safeguards.

(b) When a Conditional Use Permit has been granted to an owner or his agent and the said Conditional Use Permit has been assigned or transferred to another owner or his agent, the new owner or his agent shall not be issued a Certificate of Occupancy until the Building Commissioner determines that the Conditional Use Permit currently complies with its specific terms, conditions, and safeguards.

(c) The Planning Commission may revoke a Conditional Use Permit upon the recommendation of the Building Commissioner upon determining that the use does not comply with said specific terms, conditions, and safeguards of such permit.

(Ord. 2012-48. Passed 6-25-12.)

1331.50 REVOCATION OF PERMIT.

(a) A Conditional Use Permit shall become null and void if construction on the proposed Project has not begun within one year after approval by the Commission.

(b) The Commission may revoke a Conditional Use Permit upon recommendation of the Building Commissioner, upon determining that the use does not comply with the terms and conditions of such permit.
(Ord. 1961-103. Passed 12-29-61.)

1333.10 DETERMINATION OF SIMILAR USES.

Upon application for a permit for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts, or on its own initiative, additions or clarifications thereto may be recommended by the Commission in compliance with the following standards:

(a) Such use is not listed in any other classification of permitted buildings or uses; and its characteristics are most similar to the uses permitted in the zoning classification to it which it is to be added than to any other classification; and

(b) Such a use is more appropriate to, and conforms more closely to the basic characteristics of the classification to which it is to be added than to any other classification; and

(c) Such a use does not create dangers to health and safety, and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than the other uses listed in the classification to which it is to be added; and

(d) Such a use does not generate traffic to a greater extent that the other uses listed in the classification to which it is to be added.

(Ord. 2003-34. Passed 6-23-03.)

1333.20 COMMISSION ACTION.

The Commission may recommend such additions or clarifications to the Council. If Council by a majority vote of its members concurs with the recommendation of the Commission, such use shall be deemed to be listed in the appropriate section of that use group, and shall be added thereto in the published text of this amended Zoning Ordinance with a notation indicating that the addition was made in accord with the provisions of this section.

(Ord. 1961-103. Passed 12-29-61.)

1335.10 INTENT.

The purpose of the Board of Zoning Appeals, herein referred to as the Board, shall be to decide any judicial question involving the interpretation of provisions of this Zoning Ordinance, and to grant variances from the strict letter of such Ordinance in instances of unnecessary hardship; but not to alter provisions of the Zoning Ordinance or change the district boundaries on the Zoning Map, which shall be the function of Council.

(Ord. 1961-103. Passed 12-29-61.)

1335.20 MEMBERSHIP.

(a) The Board of Zoning Appeals shall be composed of five members qualified by experience and training to pass upon matters pertaining to zoning, four of whom shall be residents of the City and the fifth a member of Council. Residents appointments to the Board shall be made by the Mayor subject to the confirmation of Council. The Board member of Council shall be selected by Council for such term as it shall determine. The term of the residents shall be of five year. A term shall be deemed to begin January 1, irrespective of the date on which an appointment is confirmed.

(b) In instances of unexpired terms, vacancies shall be filled for the balance of the unexpired term in the same manner as original appointments. The Chairman of the Board shall be elected by the members at the first meeting of each year.

(Ord. 1992-70. Passed 11-8-82.)

1335.30 JURISDICTION OF THE BOARD.

The Board shall adopt such rules and regulations, provided they are not in conflict with this Zoning Ordinance, as may be necessary to carry into effect the powers and jurisdiction conferred upon it as follows:

(a) To hear appeals on decisions made by the Building Commissioner, or by any administrative officer on matters relating to the Zoning Ordinance for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits, and may thence decide appeals by reversing, or affirming wholly or in part, or modifying such order, requirement, decision or determination.

(b) To hear and decide upon applications for variations from the terms provided in this Zoning Ordinance subject to the standards provided in Sections 1335.60 and 1335.70;

(c) To hear and decide all matters specifically referred to it for decisions, such as determination of district boundary lines, as provided in this Zoning Ordinance.

(Ord. 1961-103. Passed 12-29-61.)

1335.40 APPLICATION FOR APPEALS OR VARIANCES.

An appeal shall be entertained by the Board only if formal action has been taken by the Building Commissioner or other officers with regard to an application for a building permit, zoning certificate, issuance of a stop order, specific referral or some similar action; provided:

(a) Within thirty days of such action, application for appeal from a decision shall be filed with the Building Commissioner, and where applicable, an application for a variance shall be filed with the Building Commissioner; and

(b) Application for appeal or variance shall include reference to the decision or section of this Zoning Ordinance from which the appeal or variance is sought and all necessary data in accordance with the form provided; and

(c) The payment of a one hundred fifty dollar ($150.00) fee to defray expenses shall accompany an application for appeal and/or variance. A fee shall not be required for a request for a decision specifically required by this Zoning Ordinance.
(Ord. 2001-38. Passed 5-21-01.)

1335.50 MEETINGS AND HEARINGS.

(a) The Board shall schedule regular monthly meetings, which may be canceled if no appeals are filed. Special meetings may be arranged at the call of the Chairman. The Board shall hold public hearings before making any decisions on an appeal.

(b) If an appeal is received at least five days before a regularly scheduled meeting of the Board, it shall hold a hearing within forty-days from the meeting date. A decision shall be rendered within forty-five day from the date of the hearing unless an extension of time is mutually agreed upon. Failure to render a decision within such period shall be considered approval.

(c) Notices of the time and place of hearings shall be mailed, by first class mail, by the Secretary of the Board to the appellant, to all abutting property owners, and if determined by the Board, to other property owners affected by the case, as they appear in the current records of Lake County, at least one week prior to the hearing, and/or be published for two successive weeks prior thereto in a newspaper of general circulation in the City.

(d) All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing either in person or by a duly authorized agent or attorney.

(e) The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to the Board for a decision.

(f) The Board shall entertain a rehearing on a case if new evidence is submitted; however, once a case has been decided, such rehearing shall not be held for a period of at least six months from the date of the previous decision. (Ord. 1961-103. Passed 12-29-61.)

1335.51 QUORUM AND VOTE.

(a) A quorum shall consist of three members, and the concurring vote of at least three members shall be necessary to reverse any order, requirement, decision or determination of any duly authorized administrative officer.

(b) A member of the Board shall not be qualified to vote if he has not attended the public hearing or is he has a direct or indirect interest in the issue appealed.

(Ord. 1961-103. Passed 12-29-61.)

1335.52 RECORD OF DECISIONS.

The Board is authorized to engage the services of a secretary, and shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein and the absence of a member or his failure to vote. Immediately following the Board's decision, such record, including conditions prescribed by the Board, shall be mailed forthwith to each interested party noted therein. Any permit issued in pursuance of any decision of the Board shall have incorporated therein any special conditions prescribed by the Board.

(Ord. 1961-103. Passed 12-29-61.)

1335.60 REASONS FOR GRANTING VARIANCES.

The Board of Appeals shall have the power, in specific cases, to vary the application of certain provisions of this Zoning Ordinance in order that the public health, safety, convenience, comfort and general welfare may be safeguarded and substantial justice done for the following reasons:

(a) Where unnecessary hardships would result from the literal application of the provisions of this Zoning Ordinance. Hardships which are unavoidable if the purpose and intent of this Zoning Ordinance are to be realized, such as a theoretical loss or limited possibilities of economic advantage, are not unnecessary hardships. Likewise, a hardship based on conditions created by the owner is not an unnecessary hardship. It must be found that there are peculiar and special hardships as applicable to the property involved which are separate and distinct from the general hardship in the district; and

(b) Where exceptional circumstances or conditions, only applicable to the property involved or to the intended use of the property, do not apply to other property within the same zone. The mere fact that the owner of the one parcel might apply prior to the owner of the other parcels in the same area would not give him a right to a variance and thus grant a special privilege to an individual when such variance would be necessarily denied to others. It must be found, on the other hand, that there are exceptional conditions justifying a variance on one lot, such as topographical or geological conditions or type of adjoining developments, and that a variance would be justified on any lot where the same exceptional circumstances prevail; and

(c) Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located. The mere existence of an unnecessary hardship or other exceptional circumstances is not ipso facto evidence for granting of a variance, for such hardships must be balanced against the present conditions and extent such a variance would interfere with the proper future development and rights of adjacent property; and

(d) That the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Ordinance or other adopted plans. A variance merely permits that which is contemplated in this Zoning Ordinance for unnecessary hardships and exceptional circumstances. On the other hand, that which was not contemplated in this Zoning Ordinance, although deemed desirable, should be effected by amendments. (Ord. 1961-103. Passed 12-29-61.)

1335.70 STANDARDS FOR GRANTING VARIANCES.

(a) Variations from Area Regulations.

(1) Lot area. The Board shall not grant variations of lot area requirements in Two-family or Multi-family Districts to permit residences other than one- family dwellings as provided in Section 1309.43.

(2) Floor area. The Board may permit variation of not more than ten percent decrease of the minimum floor area requirements of a dwelling, if by reasons of greater lot frontage or area, or side yard widths than required, or by exceptionally skillful arrangement of the house or site plans, the result of such variation will be in harmony with the character of the neighborhood.

(3) Sign area. The Board may permit variations of not more than twenty percent increase in the maximum sign area permitted where the setback of an adjoining building is substantially less than required.

(b) Variations from Lot Width Regulations. The Board may permit variations of not more than twenty percent decrease of the required lot width in Residential Districts for a lot of record, if it is of such restricted area that it cannot be appropriately improved without such modification, and provided the owner owns no adjoining land.

(1) The Board may permit variations of yard regulations of not more than twenty percent decrease in a Residential District for a lot of record if, because of peculiar shape or for topography of the lot, such variations are necessary to obtain appropriate development, provided the Board finds that privacy will not be impaired, and that light and ventilation will be adequate on such lot and not unduly diminished on adjoining lots.

(2) In a Residential District the Board may permit a modification of the side yard regulation so as to allow a one-story garage to be attached to an existing dwelling. Such garage may project into a required side yard, provided the resulting distance, including projections shall be not less than three feet to the nearest lot line and not less than twenty feet to a dwelling on an adjoining lot.

(3) In Residential Districts the Board may permit modifications of the side yard regulations for main and accessory buildings on corner lots of record, provided the Board finds that privacy of the occupants and the sight lines of the street intersection will be not unduly impaired and the adjoining property will not be unduly deprived of light and ventilation.

(4) In Residential Districts the Board may permit a variation of side lot regulations of not more than thirty-three and one-third percent decrease on lots of record which are less than fifty feet in width or which have a depth of less than 120 feet, so as to allow a one-story garage to be constructed, relocated or added to, provided the Board finds that privacy will not be impaired and that light and ventilation will be adequate and not unduly diminished on adjoining lots.

(d) Variations from Height Restrictions. The Board may permit increase in height of a proposed or existing building or part thereof to the same height as an adjacent building nonconforming as to height, if such increased height is essential to the completion of the building as originally planned and that the adjoining properties will not be unduly deprived of light and air.

(e) Variations from Nonconforming Building and Use.

(1) The Board shall have no powers to authorize, as a variance, the establishment of a nonconforming building or use, extensions of or changes in nonconforming uses where none previously existed, except in terms of this section and Chapter 1329 of this Zoning Ordinance.

(2) The Board may permit variations of not more than twenty percent of increase in the area of signs as set forth in this Zoning Ordinance in the rebuilding or relocation of an existing sign, provided the Board finds that the sign will not create unsightliness or unduly decrease the visibility of an adjoining establishment or sign.

(f) Landscape and Protective Features. The Board, upon making various determinations, shall endeavor to protect adjoining property, to assure safety of pedestrians and convenience of traffic movements within the area in question, and may require the provision of curbs, guard rails, wall, fences or other landscape or protective features, to further the purposes of this Zoning Ordinance.

(Ord. 2003-34. Passed 6-23-03.)

1335.80 LAPSE OF VARIANCES.

A variance once grated shall not be withdrawn or changed unless there is a change in circumstances, or if, after the expiration of one year, no substantial construction is done in accordance with the terms and conditions for which such variance was granted. The Building Commissioner shall give a notice in writing, and thirty days thereafter, the variance shall be deemed null and void. All regulations governing such premises in question shall return to those in effect before the variance was granted. (Ord. 1961-103. Passed 12-29-61.)

1335.90 APPEALS TO COURTS.

Appeals from Decisions of Board. A person aggrieved by a decision of the Board in regard to a request for a variance as set forth in this Zoning Ordinance may appeal the decision in accordance with the laws of the State.
(Ord. 1979-3. Passed 4-9-79.)

1337.10 COMPLAINTS REGARDING VIOLATIONS.

Whenever a violation of this Zoning Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Building Commissioner. The Building Commissioner shall record properly such complaint, immediately investigate it, and take action thereon as provided by this Zoning Ordinance.

(Ord. 2003-34. Passed 6-23-03.)

1337.20 ENTRY AND INSPECTION.

The Building Commissioner, in his capacity as a building inspector and code enforcement officer is a "Law enforcement officer" as defined in Section 2901.01 and clarified by 765.01 of the Ohio Revised Code. In this capacity he/she is authorized to make inspections of properties and structures in order to examine and survey the same, at any reasonable hour, for the purpose of enforcing the provisions of this Zoning Ordinance. Prior to making such inspection the Building Commissioner shall attempt to obtain the permission of the owner or occupant to inspect. If such permission is denied or cannot be obtained, the Building Commissioner shall request the assistant of the Law Director in securing a valid search warrant prior to entry.

(Ord. 2003-34. Passed 6-23-03.)

1337.30 STOP WORK ORDER.

Subsequent to a determination by the Building Commissioner that work is being done contrary to this Zoning Ordinance, or approved plans, the Building Commissioner shall write a stop work order and post it on the premises involved. Removal of a stop work order, except by the order of the Building Commissioner, shall constitute a violation of this Zoning Ordinance subject to applicable penalties. (Ord. 2003-34. Passed 6-23-03.)

1337.40 ZONING PERMIT REVOCATION.

The Building Commissioner may issue a revocation notice to revoke a permit or administrative approval which was issued contrary to this Zoning Ordinance or where it has been determined that a permit was issued based on false information or misrepresentation in the application. (Ord. 2003-34. Passed 6-23-03.)

1337.50 NOTICE OF VIOLATION.

(a) Whenever the Building Commissioner or his agent determines that there is a violation of any provision of this Zoning Ordinance, a notice of violation shall be issued. Such notice shall be in writing, include a statement of the reason or reasons why it is being issued, provide a reference to the Section(s) of the Codified Ordinances being violated, and provide a reasonable period of time for the violation to be corrected or eliminated.

(b) After such an order has been served or posted on the premises, no work, except to correct or eliminate such violation and comply with this Zoning Ordinance, shall be permitted on any building or any tract of land included in the violation.

(Ord. 2003-34. Passed 6-23-03.)

1337.60 SERVICE OF NOTICE OF VIOLATION.

A notice of violation shall be considered duly served by the following actions:

(a) By personal delivery to the person or persons responsible, or leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion; or

(b) By certified mail deposited in the United States Post Office addressed to the person or persons responsible at a last known address. If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidenced by a certificate of mailing which shall be filed by the Building Commissioner. Service shall be deemed complete when the fact of mailing is entered into the record, provided that the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or

(Ord. 2003-34. Passed 6-23-03.)

1337.70 TICKETING PROCEDURE.

(a) If, upon re-inspection following the issuance of a notice of violation, the condition has not been corrected, the person or persons responsible shall be issued a ticket to appear in court. Such a ticket may be issued by the Building Commissioner in his capacity as law enforcement officer as it relates to land use infractions. Such ticket shall:

(1) Be served personally;

(2) Be in writing or on forms designed for such purpose;

(3) Provide a reference to the code section violated;

(4) State the time, place, and date for appearance in court; and,

(5) State the penalty for such violation.

(b) If the ticket can not be served personally, the Building Commissioner shall request that a summons be issued by the Court.
(Ord. 2003-34. Passed 6-23-03.)

1337.80 LIABILITY; MISDEMEANOR.

A person, partnership or corporation, whether as a principal agent or employee or otherwise, shall be guilty of a misdemeanor when:

(a) Any violation of any of the provisions of this Zoning Ordinance exists in any building or on any tract of land; and

(b) An order to eliminate any such violation has been served on the owner, agent, lessee or tenant of the building or tract of land, or part thereof, or upon the architect, builder, contractor or any person who commits or assists in any such violation; and,

(c) Such person, partnership, corporation or agent thereof shall fail to comply with such order within the specified time period after the Building Commissioner has served notice of the violation.

(Ord. 2003-34. Passed 6-23-03.)

1337.90 INJUNCTION.

When any structure or building is being constructed, erected, altered, repaired or maintained in violation of the provisions of this Zoning Ordinance, or when there is an imminent threat of violation in the City, the owner of any contiguous or neighboring property who would suffer damage by such violation may institute a suit in the Court of Common Pleas of Lake County for an injunction to terminate or prevent such violation. The City Law Director shall, upon having such violation called to his attention, institute appropriate action to prevent, enjoin, abate or eliminate such violation.

(Ord. 2003-34. Passed 6-23-03.)

1337.99 PENALTY.

The owner or owners of any building, premises or part thereof, where anything in violation of this Zoning Ordinance is placed, stored, permitted or exists; and any architect or contractor who may be employed to assist in the commission of any such violation and any and all persons or corporations who shall violate any of the provisions of this Zoning Ordinance, or fail to comply therewith, or any requirements thereof; or who shall build in violation of a detailed statement of plans submitted and approved thereunder; shall for each and every violation or noncompliance be guilty of a misdemeanor of the third degree, and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) and imprisonment of not more than sixty (60) days or both. Each day during which such violation shall continue shall constitute a separate offense.

(Ord. 2010-09. Passed 4-12-10.)