1108.07 COMPLIANCE REQUIRED.

   Subsequent to the approval of a final Site Development Plan, all development or construction on the subject site shall be in substantial compliance with the approved final Site Development Plan, and any conditions of such approval adopted by the Commission. Any departure from the approved final Site Development Plan shall be deemed to be a violation of this Code.  (Ord. 2018-94.  Passed 10-21-19.)

1108.08 UTILITY PLAN; LOCATION OF UTILITIES AND TRANSFORMERS.

   (a)   In all new developments or subdivisions, the developer shall submit a utility plan to the City for its approval showing the location of all utilities. No development or subdivision plan shall be approved until the utility plan is also approved. All electric utilities shall be underground except as is hereinafter set forth.

   (b)   The Commission shall review the utility plan and make a finding approving that utility plan which will provide the benefits of service to the user and will have the least intrusion into open space. Transformers shall be located at the front or rear of a sublot, but not closer than one foot (1') from a rear yard line or three feet (3') from a sidewalk line in the front yard. Transformers shall be located on the side yard line and not closer than thirty feet (30') from a dwelling unit or accessory building.

   (c)   Transformers may be constructed on above ground pads when approved by the Commission. Transformers shall be screened on all sides by evergreen shrubs, fencing, or other approved methods to reasonably shield the view of such transformers. Evergreen shrubs shall be of a variety approved by the Public Works Director. No Occupancy Permit for a new building shall be issued unless the shrubs are installed by the developer or owner and approved by the Director, or unless a one hundred dollar ($100.00) bond for shrubs is deposited with the City should occupancy occur during the winter months.

   (d)   The owner of each building having such shrubs shall maintain and/or replace the shrubs of an approved variety and of a height and density to accomplish the purpose of screening the transformer. In the event that the Cleveland Electric Illuminating Company requires access to a transformer and removes or damages the shrubs, the City will replace the shrubs. Such replacement does not relieve the owner from the duty to maintain and/or replace such shrubs if they die or are otherwise damaged.

(Ord. 2018-94.  Passed 10-21-19.)

1108.09 UTILITIES IN SUBDIVISIONS OF MORE THAN FIVE SUBLOTS.

   In all subdivisions of more than five (5) sublots, the following procedure shall be followed and the following requirements shall be met:

   (a)    The preliminary Site Development Plan with respect to any new subdivision shall be submitted to all utility companies serving the subdivision as well as the Building Commissioner and Engineer, for their recommendations.

   (b)    Utility easements at least ten feet (10') in width for gas, telephone, electric power and street lighting distribution lines and facilities shall be provided on all front lot lines and along certain side or rear lot lines where necessary.

   (c)    Prior to granting final approval, the subdivider shall have installed or shall have furnished adequate bond for the ultimate installation in accordance with electrical requirements and the Building Code of the City of the following:

      (1)    Underground telephone cables;

      (2)   Underground distribution cables for power and street lighting from a common distribution system, and the equipment and housing necessary in the operation of the distribution system;

      (3)    Adequate provision for street light lamps and standards in accordance with a design approved by Council;

      (4)    Underground gas lines; and

      (5)   Underground television, internet, and other cables or fiber optic lines.

         (Ord. 2018-94.  Passed 10-21-19.)

1108.10 ABOVE GROUND TELEPHONE CUBICLES.

   Commission may approve above ground telephone cubicles and facilities for other public utilities to be located, insofar as possible, adjoining the electric transformer. In no event shall such transformer or telephone cubicle exceed:

   (a)    Electrical transformers--thirty-two inches (32") high; thirty-six inches (36") wide; forty-two inches (42") long.

   (b)    Telephone cabinets--ten inches (10") square; forty-eight inches (48") high, sixteen inches (16") below ground and thirty-two inches (32") above ground (standard is only six inches (6") square by forty-eight inches (48") high)

   (c)   Other utilities as determined by the Engineer.

      (Ord. 2018-94.  Passed 10-21-19.)

CHAPTER 1109
Condominium Conversions

1109.01   Conditions precedent.

1109.02   Rights of tenants.

1109.03   Tenant defined.

CROSS REFERENCES

      Condominium property - see Ohio R. C. 5311.01 et seq.

      Attached Single-Family Home District - see P. & Z. Ch. 1116

      Apartment House District - see P. & Z. Ch. 1117

      High-Rise Apartment District - see P. & Z. Ch. 1119

1109.01 CONDITIONS PRECEDENT.

   No Apartment or Multi-Family Dwelling use in the City shall be converted into a condominium by the sale of individual apartment suites to owners under various applicable condominium laws until and unless the owner has complied with the following regulations, and no certificate of occupancy shall be given to any purchaser of a condominium unit until the apartment house owner converting to condominiums has fully complied herewith.

   (a)    The owner shall notify the Commission and each Tenant of the owner's intention to convert to condominium units and shall appear before the Commission. Commission shall inquire whether a violation of any of the provisions of this Code exists upon the premises, whether a variance has been granted for the premises, and whether the Building Code, the Fire Prevention Code and other applicable laws are being complied with. The Commission shall also review any proposed amendment to the Site Development Plan.

   (b)    Any variance for which an application for condominium conversion has been filed, which has been granted to an Apartment  or Multi-Family Dwelling use, referred to in this chapter, by Council upon the recommendation of the Commission, is hereby declared void and not transferable to the condominium buyers, unless the Commission, after study of the proposed usage, again recommends the same to Council and Council agrees to further approve the variance or any modification thereof for the proposed condominium conversion use.

   (c)    Upon receipt of reports from the Building Commissioner, the Chief of the Fire and Rescue Department, the Engineer and other department heads, with such additional information as the Commission may require, the Commission may approve the condominium conversion upon finding that all applicable City and State laws, not inconsistent herewith, have been complied with, and that the provisions of this Chapter have been fully complied with.

   (d)    The notice to the City provided for in subsection (a) hereof shall be by written application together with a deposit of twenty-five dollars ($25.00) per suite to reimburse the City for its cost incurred in the review of the application. An additional deposit may be required by the Commission.

      (Ord. 2018-94.  Passed 10-21-19.)

1109.02 RIGHTS OF TENANTS.

   (a)   All Tenants of the owner in a conversion condominium development shall be given ninety (90) days written notice of the owner's intention to convert to condominium and to offer the Tenant's suite for sale to the public if not purchased by the Tenant. Within such ninety (90) days, each Tenant shall have the right of first refusal of such Tenant's suite by giving written notice to the owner of the Tenant's intention to purchase. After giving such written notice to the owner, each Tenant shall have an additional one-hundred-twenty (120) days to enter into a contract for the purchase of the Tenant's suite and to obtain financing.

   (b)   Should the Tenant not purchase the suite, each Tenant shall have the following additional time prior to vacating the suite: Each Tenant shall have one (1) month for each twelve (12) months that such person has been a Tenant at the Apartment  or Multi-Family Dwelling use, with a minimum of four (4)  months. If any Tenant is over sixty-five (65) years old, such Tenant shall be given a minimum of six (6) months to vacate.

   (c)   This section shall not apply to evictions for purposes other than converting an Apartment or Multi-Family Dwelling into a condominium development.

   (d)   During any period of time when a Tenant, not agreeing to purchase his suite, holds over under the protection of this Chapter, the owner may raise the rental not higher than the average of any increase in the Consumer Price Index maintained by the U. S. Department of Labor for the preceding twelve (12) months. (Ord. 2018-94.  Passed 10-21-19.)

1109.03 TENANT DEFINED.

   "Tenant," as used in this Chapter, means a family unit or an individual. The rights of members of a family may not be added to extend the times herein.

(Ord. 2018-94.  Passed 10-21-19.)