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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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1135.04 MANDATORY CONDITIONS AND SAFEGUARDS.
   Notwithstanding the provisions of Section 1135.03, the following conditions and safeguards must be satisfied prior to the granting of a conditional use permit and shall not be waived:
   A.   Survey and Approval by City Engineer or Consulting City Engineer.
   The City Engineer or consulting City Engineer shall make a survey of the public sanitary and storm sewers to be affected by the proposed conditional use and shall forward his or her opinion to the Planning Commission prior to approval by the Commission.
   B.   Building Permit Issuance.
   No substantial modification or change of the site plan and conditions so approved shall be made except upon application to the Commission and Council and after approval thereof by Council. Nonsubstantial modification or change of the site plan may be approved by the Building Inspector.
(Ord. 98-176. Passed 8-3-98.)
1135.05 REVOCATION OF CONDITIONAL USE PERMIT.
   A conditional use permit shall become null and void if construction of the proposed use, or the proposed use for which a conditional use permit has been granted, has not begun within one year after approval by Council. The Building Inspector may revoke a conditional use permit upon finding that the use does not comply with the conditions and safeguards established for such use pursuant to Sections 1135.03 and 1135.04. Upon revocation of a conditional use permit, all uses shall conform to the standards and requirements of permitted main and accessory uses established for the particular zoning district.
(Ord. 98-176. Passed 8-3-98.)
1135.06 EXPIRATION OF CONDITIONAL USE PERMIT.
   Any conditional use permit shall automatically expire after commencement of the permitted conditional use if the conditional use has ceased for a period of more than six (6) months.
(Ord. 98-176. Passed 8-3-98.)
1135.07 MEDICAL MARIJUANA FACILITIES (INCLUDING CULTIVATION FACILITIES, PROCESSING FACILITIES, DISPENSARIES AND TESTING LABORATORIES.)
   A.   No medical marijuana facility shall be located within 500 feet of a school, church, public park, public playground, or public library, consistent with State of Ohio spacing requirements, as provided in R.C. §§ 3796.09 and 3796.10 and administrative rules promulgated thereunder.
   B.   In addition to the general standards applicable to all conditional uses under this Code, the planning staff, the Planning Commission and the Council, when studying a petition for a conditional use, shall consider the following criteria:
      1.   The impact of the proposed use on public safety in the surrounding community;
      2.   The impact of the proposed use on the economic welfare of the surrounding community;
      3.   The impact of the proposed use on the general welfare of the surrounding community in regard to any odor emanating from the proposed use, and the mandatory use of a state-of-the-art filtration system;
      4.   The impact of the proposed use on any disproportional concentration of medical marijuana cultivation facilities, processing facilities, testing laboratories, or dispensaries in the surrounding community; and
      5.   Regarding medical marijuana dispensaries, the location of the proposed use in relation to medical or pharmaceutical facilities of a complimentary nature (e.g., pharmacies, physician offices, etc.)
   C.   The petitioner shall comply with all local and State laws pertaining to medical marijuana facilities for cultivation, processing, dispensing, and/or testing, including all local and State licensing requirements. If the petitioner has not obtained a State provisional license within one year of Council granting a conditional use, the conditional use shall expire at that time.
(Ord. 2017-151. Passed 11-6-17.)