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CROSS REFERENCES

Council to provide zoning ordinances, Charter § 76-5

Violation of zoning ordinances, RC 713.13

Zoning Code amendment; hearing, CO Ch 333

Legal Action by Director of Law to implement Housing Code enforcement, CO 367.14

327.01     Interpretation and Purpose

(a) In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements adopted for the promotion of public health, safety, morals and general welfare. Greater or lesser requirements, however, may be established with respect to dimensional, quantitative, signage, landscaping and screening standards as part of a Community Development Plan or Urban Renewal Plan, adopted or amended on or after the effective date of this section, which establishes a generally higher standard of design than would otherwise be required for the overall development or project area; provided that, the introduction of any legislation to adopt or amend a Community Development Plan or Urban Renewal Plan that has such greater or lesser requirements must have the consent of the member or members of Council in whose ward(s) the development or project area is located. Each application of a provision authorizing lesser requirements shall be documented by the City Planning Commission in the Certificate of Appropriateness which it issues in approving a development located within such designated Plan area.

(b) Except as provided in division (a) of this Section 327.01, where this Zoning Code imposes greater restrictions upon the use of buildings or premises or upon the height or bulk of buildings or requires larger lots or yards than are imposed or required by other chapters of the Codified Ordinances or by other laws, ordinances, rules or regulations, this Zoning Code shall govern.

(c) Nothing contained in this Zoning Code shall be construed to remove or render inoperative any restriction of land established by restrictive covenants running with the land to which the City is a party.
(Ord. No. 546-93. Passed 6-14-93, eff. 6-23-93)

327.02     Enforcement; Permits and Certificates of Occupancy

(a) This Zoning Code shall be enforced by the Division of Building and Division of Housing under the direction of the Commissioner of Building and the Commissioner of Housing.

(b) No building shall be erected, altered or enlarged until a permit for such erection, alteration or enlargement has been issued by the Commissioner of Building.

(c) There shall be no change or substitution in the use of any existing building or premises and no extension of any existing use, nor shall any premises be occupied for any new use, until a certificate of occupancy has been issued.

(d) Before any permit or certificate of occupancy is issued, the Commissioner of Building or the Commissioner of Housing shall examine or cause to be examined the application therefor, and any plans and plot plan accompanying such application, to ascertain whether the proposed work and use will conform to the provisions of this Zoning Code. No permit or certificate of occupancy shall be issued unless the proposed work and use conform to the provisions of this Zoning Code.

(e) In all instances where yard and open spaces are required by this Zoning Code, a plot plan drawn to scale shall be submitted with the application and shall clearly indicate the proposed yards, the extent of all proposed encroachments beyond required yard lines and the location of and distances to buildings on adjoining premises. The location of front yard lines and side street yard lines shall be checked and approved by the Commissioner of Engineering and Construction of the Department of Public Service before any permit is issued.
(Ord. No. 1551-50. Passed 6-25-51, eff. 6-28-51)

327.03     Legal Action by Director of Law

The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful erection, construction, reconstruction, relocation, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises, or to prevent an illegal act, conduct, business or use, in or about any premises, or to require compliance with the provisions of this Zoning Code, or the orders or determinations of the Commissioner of Building and the Commissioner of Housing or the Board of Zoning Appeals.
(Ord. No. 1551-50. Passed 6-25-51, eff. 6-28-51)

327.04     Cases of Emergency: Immediate Vacation of Premises

Whenever, in the opinion of the Commissioner of Building and Housing, the use or condition of structures or premises constitutes an immediate hazard to human life or health, he shall declare a case of emergency and shall make an order to cease use or vacate.

He may request the Director of Public Safety to enforce the orders he gives that are necessary to cause the use of the structure or premises to be ceased or the structure or premises to be vacated in accordance with the terms of the notice. The Director of Public Safety has the authority to enforce such orders.
(Ord. No. 54-94. Passed 6-6-94, eff. 6-15-94)
Note: This section became effective 90 days after passage on September 5, 1994.

327.99     Penalty

(a) Except as provided in divisions (c) and (d) below, any person, firm or corporation who violates any of the provisions of this Zoning Code or who fails to comply shall, for each and every violation or failure, be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) or imprisoned for not less than ten days, nor more than ninety days, or both. A separate offense shall be deemed committed each day during or on which such violation or failure to comply is permitted to exist under notification thereof.

(b) The imposition of any penalty under this division shall not be construed as excusing or permitting the continuance of any violation, and when the violation constitutes a nuisance, any owner of the premises, whether the owner at the time the violation was committed or his assignee, shall be deemed guilty of a violation of this Zoning Code each day he permits such nuisance to continue unabated after due notice from the Director of Building and Housing of the existence of such nuisance.

(c) Any person, firm, or corporation who violates any provision of Section 337.16 of this Zoning Code or who fails to comply shall, for each and every violation or failure, be fined not less than two hundred fifty dollars ($250.00), nor more than five hundred dollars ($500.00) which fine shall not be reduced, waived or suspended. In addition, imprisonment for not less than ten days nor more than ninety days may be imposed. A separate offense shall be deemed committed each day during or on which such violation or failure to comply is permitted to exist after notification thereof.

(d) Whoever violates Sections 337.23, 347.02, 347.10, 349.02, 349.04, 349.13, 350.19, 357.13 or, 357.14 or Section 347.08 as a first offense of that section shall be fined not more than one hundred fifty dollars ($150.00). In addition to any other method of enforcement provided for in this chapter, the above listed minor misdemeanors may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.

(e) Whoever violates Section 347.08 as a second offense of that section shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty (30) days, or both. Whoever violates Section 347.08 as a third or subsequent offense of that section shall be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than six months, or both.
(Ord. No. 899-06. Passed 8-9-06, eff. 8-16-06)