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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Planning
TITLE THREE - Subdivision Regulations
TITLE FIVE - Zoning
CHAPTER 1121 Conformance of Future Land Use and Major Thoroughfare Plans
CHAPTER 1123 General Provisions
CHAPTER 1125 Definitions
CHAPTER 1127 Administration, Enforcement and Penalty
CHAPTER 1131 Use Districts and Zoning Map
CHAPTER 1133 Amendments
CHAPTER 1135 Conditional Uses
CHAPTER 1137 Supplemental District Regulations
CHAPTER 1140 COS Conservation Open Space District
CHAPTER 1142 R-LD Residential-Low Density District
CHAPTER 1144 R-MD Residential-Medium Density District
CHAPTER 1146 R-UD Residential-Urban Density District
CHAPTER 1148 R-TH Residential-Two Household District
CHAPTER 1150 R-MHL Residential-Multi-Household Low Density District
CHAPTER 1152 R-MHH Residential-Multi-Household High Density District
CHAPTER 1154 R-MHP Residential - Manufactured Home Park District
CHAPTER 1156 B-N Business-Neighborhood District
CHAPTER 1158 B-D Business-Downtown District
CHAPTER 1160 B-G Business-General District
CHAPTER 1162 B-AO Business-Automotive Oriented District
CHAPTER 1163 POD Professional Office District
CHAPTER 1164 L-I Light Industrial District
CHAPTER 1166 H-I Heavy Industrial District
CHAPTER 1168 S-I Special Industrial District
CHAPTER 1170 TPD Technology Park District
CHAPTER 1171 Nonconforming Uses
CHAPTER 1173 Off-Premises Outdoor Advertising Signs
CHAPTER 1174 On-Premises Signs
CHAPTER 1175 Off-Street Parking and Loading
CHAPTER 1176 REDEVELOPMENT OVERLAY DISTRICT (RDOD)
CHAPTER 1177 Residential Planned Unit Developments (R-PUD)
CHAPTER 1179 Cluster Development
CHAPTER 1181 Planned Unit Developments
CHAPTER 1183 Design Review
CHAPTER 1184 Submission of Plans
CHAPTER 1186 Cellular Communication Sites
CHAPTER 1187 Sexually Oriented Businesses
CHAPTER 1188 Wind Energy Facility
CHAPTER 1199 Penalties, Remedies and Fees
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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1127.12 GRANTING OF VARIANCES.
   The Board shall have the power to make variances from the provisions of this Zoning Code in cases where the strict application of the provisions of this Code would result in practical difficulty or unnecessary hardship. The Board shall have the power to impose additional conditions and safeguards other than those stated in this Zoning Code when granting variances. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance on surrounding property and the community as a whole. Violations of such conditions and safeguards, when made a part of the terms under which the variance use is granted, shall be deemed a violation of this Code and shall be punishable under Section 1127.99.
   In authorizing a variance with conditions the Board may require a guarantee or bond as it may deem necessary to enforce compliance with such conditions.
   No variance from the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds that all of the following facts and conditions substantially exist:
   A.   That there are exceptional or extraordinary conditions applying to the property that do not apply to other properties in the same zoning district.
   B.   That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.
   C.   That the authorization of such variance will not be of substantial detriment to adjacent property and will not impair the purposes of this Zoning Code or the public interest.
   D.   That there are unique physical circumstances or conditions applying to the property in question such as irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions.
   E.   That such variance shall, in no manner or guise, be construed to mean a change of use or density but shall mean only a variation or modification from the provisions of this Zoning Code.
(Ord. 98-176. Passed 8-3-98.)
1127.13 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
   In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Code and shall be punishable under Section 1127.99. Under no circumstances shall the Board grant an appeal or variance to allow a use not permissible under the terms of this Code in the district involved, or any use prohibited by the terms of this Code in such district.
(Ord. 98-176. Passed 8-3-98.)
1127.14 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.
   The Board of Zoning Appeals shall establish a date for a public hearing within sixty (60) days after the receipt of an application for a variance.
(Ord. 98-176. Passed 8-3-98.)
1127.15 NOTICE OF PUBLIC HEARING.
   Before holding the public hearing required in Section 1127.14, notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten (10) days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed variance.
(Ord. 98-176. Passed 8-3-98.)
1127.16 NOTICE TO PARTIES OF INTEREST.
   Before holding the public hearing required in Section 1127.14, written notice of such hearing shall be mailed by first class mail, or hand delivered, at least ten (10) days before the day of the hearing to the property owner, the petitioner and the owners of property contiguous to and directly across the street, road or highway from such property. The failure to mail or deliver the notification as provided in this Code shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1127.15.
(Ord. 98-176. Passed 8-3-98.)
1127.17 ACTION BY BOARD OF ZONING APPEALS.
   Within thirty (30) days after the public hearing required in Section 1127.14, the Board shall either approve, approve with supplementary conditions as specified in Section 1127.17, or disapprove the request for a variance pursuant to the provisions of this chapter. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance and demonstrate that the decision will make possible a reasonable use of the land, building or structure.
(Ord. 98-176. Passed 8-3-98.)
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