327.01 Interpretation and Purpose
327.02 Enforcement; Permits and Certificates of Occupancy
327.03 Legal Action by Director of Law
327.04 Cases of Emergency: Immediate Vacation of Premises
327.99 Penalty
Charter reference:
Council to provide zoning ordinances, Charter § 76-5
Council to provide zoning ordinances, Charter § 76-5
Statutory reference:
Violation of zoning ordinances, RC 713.13
Violation of zoning ordinances, RC 713.13
(a) In addition to this Title VII, Zoning Code, Council has adopted a Form-Based Code at Title VIIA of the Codified Ordinances which governs the land use and zoning regulations for four (4) territorial areas of the municipality as shown on the Zoning Maps in Title VIIA: Detroit Shoreway – Cudell, Hough, Opportunity Corridor – New Economy and Innovation Square, and Opportunity Corridor – Core Jobs Zone. Notwithstanding the provisions of division (c) of this Section 327.01, the provisions of Title VIIA shall supersede the provisions of Title VII, except where specific reference is made to the provisions of Title VII in Title VIIA.
(b) 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.
(c) Except as provided in divisions (a) and (b) 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.
(d) 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. 347-2024. Passed 6-3-24, eff. 7-3-24)
(a) This Zoning Code shall be enforced by the Department of Building and Division of Housing under the direction of the Director of Building and Housing. No person shall fail to comply with any provision of this Zoning Code or fail to comply with any lawful order issued under this Zoning Code.
(b) No person shall erect, alter or enlarge any building or structure until a permit for such erection, alteration or enlargement has been issued by the Department of Building and Housing.
(c) No person shall change, substitute or extend the use of any existing building or premises until a certificate of occupancy has been issued. No person shall permit any premises to be occupied for any new, changed, substituted or extended use, until a certificate of occupancy has been issued.
(d) Before any permit or certificate of occupancy is issued, the Director of Building and 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 Manager of Engineering and Construction in the Office of Capital Projects before any permit is issued.
(f) Whenever the Director of Building and Housing determines that a use regulated under this Zoning Code is in violation of this Zoning Code, he or she shall notify in writing the person in control of the use. The notice shall order the person in control to cease the use and to take all action necessary to bring the property into compliance with this Zoning Code. The Director shall also notify the owner, if the owner is not the person in control of the use, to take all reasonable action to cause the person in control of the use to cease the use and take all action necessary to bring the property into compliance with this Zoning Code. Reasonable action may include filing an action in an appropriate court.
(g) Notices of Violation issued under this Zoning Code shall be served on responsible parties or owners by one (1) or more of the following methods:
(1) Personal service. The City department issuing the notice may use any method that causes the Notice of Violations to be actually delivered to the responsible party. Actual delivery shall constitute legal service of the Notice of Violations.
(2) Residence service at the owner’s address by leaving a copy of the notice of violation with a person of suitable age and discretion then residing therein;
(3) Certified mail to an address where it is reasonably calculated under the circumstances to reach the owner. When determining such an address, the City shall examine:
A. Information the responsible party provided to the City, such as rental registration information or the address used on an appeal or an application; or
B. Information that a City representative, such as an inspector, has discovered during the performance of their duties; or
C. Information from common and readily available sources such as printed or online directories, credit bureaus, county property records, board of election records, motor vehicle records, court records or other state, county, municipal or federal records.
The City is not required to use all of these methods and is not required to use any one of them; the City must use whatever combination of them is reasonably expected to be successful. The address found can be the property or premises which is the subject of the violation.
(4) Regular mail and posting as follows:
A. Regular mail to the owner at an address found under division (g)(3) above, which may be the address of the property that is the subject of the violation; and
B. Regular mail service to the property address that is the subject of the violation notice, if that address is different from the address in division (g)(4)A.; and
C. Posting of the notice of violation in a conspicuous location on the building, premises or real estate or appurtenance thereto that is the subject of the violation notice.
(5) Service by publication electronically or once in a newspaper of general circulation in the City.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)
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)
Whenever, in the opinion of the Director of Building and Housing, the use or condition of structures or premises constitutes an immediate hazard to human life or health, he or she shall declare a case of emergency and shall make an order to cease use or vacate.
He or she may request the Director of Public Safety to enforce the orders he or she 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. 1039-2023. Passed 2-5-24, eff. 2-6-24)
(a) Except as provided in divisions (c) and (d) below, whoever fails to comply with a lawful order issued under this Zoning Code is guilty of a misdemeanor of the first degree. Each day of noncompliance constitutes a separate offense.
(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 or her assignee, shall be deemed guilty of a violation of this Zoning Code each day he or she permits such nuisance to continue unabated after due notice from the Director of Building and Housing of the existence of such nuisance.
(c) Whoever violates any provision of Section 337.16 of this Zoning Code 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 (10) days nor more than ninety (90) days may be imposed. Each day of violation constitutes a separate offense.
(d) Whoever violates Sections 337.23, 337.231, 347.02, 347.10, 347.121, 349.02, 349.04, 349.13, 350.19, 357.13 or 357.14 or Section 347.08 is guilty of a minor misdemeanor. 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 or fails to comply with any provision of Chapter 351 is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
\(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)