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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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1183.04 SUBMITTAL OF CONCEPTUAL PLANS.
   The applicant shall submit five sets of conceptual plans to the Planning Commission secretary. The plans shall be distributed to applicable City departments for review. The Planning Commission secretary shall, within ten days of plan submission, make staff comments available to the applicant. Recommendations by City staff are not exclusive or final. The Planning Commission and staff may make additional recommendations or modifications as provided in Section 1183.05. After staff review, the applicant may submit amended plans to Planning Commission for additional staff review or may submit preliminary/final plans to Planning Commission for their consideration.
(Ord. 2001-4. Passed 1-16-01.)
1183.05 SUBMITTAL OF PRELIMINARY/FINAL PLANS.
   A.   At least seven days prior to the Planning Commission meeting, fourteen complete sets of the preliminary/final plans shall be submitted to Planning Commission, accompanied by an application form and a letter describing the proposal. Applications for modification to code regulations in conjunction with design review must be submitted a minimum of fifteen days prior to the Planning Commission meeting. City Council may establish a fee to defray administrative costs associated with design review, payable at the time of submission. The Planning Commission secretary shall place the matter on the Planning Commission agenda. The Planning Commission shall review the plans, taking into account Section 1183.01(a) and (b), the location of the proposal, the effect on the surrounding properties and the relationship of the proposal to any adopted plan of the City.
   B.   The Planning Commission is authorized to grant modifications to increase or decrease setbacks, height, landscaping, fencing, signs, parking, ingress, egress and lot coverage standards as provided for in Part 11 of the Codified Ordinances.
      1.   Approval may be granted if it can be determined that:
         a.   The modification is needed to achieve the purpose and objectives of design review;
         b.   The modification does not adversely impact an adjacent building or property or create an unsafe pedestrian or vehicular situation; and
         c.   The modification is necessary to create a more aesthetic or pleasing vista along the public right-of-way and adjoining properties.
      2.   A public hearing shall be required as a condition of Planning Commission hearing modification request.
         a.   Before holding the public hearing, notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed modification.
         b.   Before holding the public hearing, written notice of such hearing shall also be mailed by first class mail, or hand delivered, at least ten 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 variance. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1183.05B.2.a.
         c.   The applicant must supply a list of names and address of property contiguous to and directly across the street, road or highway from such property to the Planning Commission Secretary.
   C.   If modifications made by either the Planning Commission or applicant are subsequently approved by the Planning Commission, the modifications shall be made a part of the final plans or such modifications shall be affixed to the plans approved and signed by the applicant and chairman of the Planning Commission. The applicant and/or his assigns shall be bound by such modifications and conditions affixed and/or made a part of the approved plan.
(Ord. 2001-4. Passed 1-16-01; Ord. 2006-126. Passed 9-18-06.)
1183.06 PERFORMANCE STANDARDS.
   Modifications to plans, dimensions and quantitative requirements for any new development, shall incorporate the following performance standards:
   A.   Modifications to setbacks, height, parking spaces or lot coverage shall not increase the overall amount of building square footage or intensity of use that could otherwise be developed on a parcel.
   B.   Modifications shall not be made which would permit a greater density of multifamily units or permit multifamily units in an area not zoned for such use.
   C.   Modifications for dimensional standards in the Zoning Code should be designed to provide better utilization of the land and offset by greater standards in other areas of the Zoning Code.
   D.   Modifications may be considered due to unique conditions of the parcel, building design, parcel size, parcel location, topography, adjacent uses or proposed use of the parcel.
   E.   Modifications shall be designed to protect the desirable characteristics of both existing and planned development of adjacent properties.
   F.   Modifications shall promote the desirable and beneficial use of the land and promote the economic development of the City.
   G.   Modifications shall maintain convenient and safe access to properties and buildings.
   H.   Modifications shall promote greater effective open space buffering and landscaping by careful location of buildings relative to adjacent buildings or site features.
(Ord. 2001-4. Passed 1-16-01.)
1183.07 APPROVAL OF DEVELOPMENT PLANS.
   Within thirty-five days from the date of preliminary/final plan submission, the Planning Commission shall either approve the submitted plan, approve a modified plan or disapprove the plan, unless the applicant consents to an extension of time. If the Planning Commission disapproves the plans, the Planning Commission shall state the reason for disapproval. Failure of the Planning Commission to approve the submitted plan, approve a modified plan or disapprove the plan, within thirty-five days from the date of submission of the plans, shall be deemed an approval of the plans.
(Ord. 2001-4. Passed 1-16-01.)
1183.08 APPLICATION FOR BUILDING PERMIT.
   Upon approval by the Planning Commission, the applicant may apply for a building permit. Building plans, engineering plans and all construction drawings shall comply with the plans approved by the Planning Commission, including any conditions placed thereon, and other applicable regulations of the City.
(Ord. 2001-4. Passed 1-16-01.)
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