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(a) In interpreting and applying the provisions of this Zoning Code, the provisions thereof shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. The lot or yard areas required by this Zoning Code for a particular building shall not be diminished and shall not be included as a part of the required lot or yard areas of any other building.
(b) The lot or yard areas of buildings existing at the time of the passage of the Zoning Ordinance (Ordinance 2812, passed November 13, 1922) shall not be diminished below the requirements herein provided for buildings hereafter erected and such required areas shall not be included as a part of the required areas of any building hereafter erected.
(c) This Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance or any rules or regulations previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings or premises, nor shall this Zoning Code interfere with, abrogate or annul any easements, covenants or other agreements between parties. However, where this Zoning Code imposes a greater restriction upon the use of buildings or premises or upon the height or size of buildings or requires larger yards than are imposed or required by such existing provisions of law or ordinance, or by such rules or regulations, or by such easements, covenants or agreements, the provisions of this Zoning Code shall control.
(Ord. 2812. Passed 11-13-22; Ord. 175-2008. Passed 9-2-08.)
The sections, subsections, districts and building lines forming parts of or established by this Zoning Code and the several parts, provisions and regulations thereof are declared to be independent sections, subsections, districts, building lines, areas, height regulations, limitations, parts, provisions and regulations, and the holding of any such section, subsection, district, building line, part, provision or regulation thereof to be unconstitutional, void or ineffective for any cause, shall not affect nor render invalid any other such section, subsection, district, building line, part, provision or regulation thereof or hereof.
(Ord. 2812. Passed 11-13-22; Ord. 175-2008. Passed 9-2-08.)
(a) Purpose. Within each zoning district established by this Planning and Zoning Code and amendments thereto, uses of land or structures, which are compatible with each other, are permitted in the districts. To the extent that a type of use is not addressed by this Planning and Zoning Code, this section provides the criteria by which the Zoning Commissioner may make a determination that such use is similar to a use permitted, either by right or conditionally, in a district.
(b) Determination. A proposed use may be permitted, by right or conditionally, as a similar use when the Zoning Commissioner determines that such proposed use is in compliance with the following provisions:
(1) The proposed use is not prohibited in any other district:
(2) The proposed use is not listed as a permitted use, either by right or as a conditional use, in any other district;
(3) The proposed use conforms to and is consistent with the purpose statement of the proposed district more appropriately than in any other district;
(4) The proposed use is of the same general character as the uses permitted by right or conditionally in the district to which it is proposed or is similar to a specific use permitted in that district.
(Ord. 175-2008. Passed 9-2-08.)
(a) Affidavit Required-Individual Owner. Each individual owner/applicant for a zoning map amendment, variance, use district exception or special use permit shall submit to the Planning and Zoning Commission a signed affidavit indicating whether the applicant is:
(1) Delinquent in the payment of any property tax, special assessment, special charge or special tax due to the City of Euclid, provided that all appeals of the tax, assessment or charge have been concluded or the time to appeal has expired.
(2) A party against whom the City of Euclid has an outstanding judgment, relating to real property, provided that all appeals of the judgment have been concluded or the time to appeal has expired.
(3) A party against whom the City of Euclid has outstanding violations of the Building or Housing Code that are not actively being abated, provided that all appeals of orders to correct violations have been concluded or the time to appeal has expired.
(4) The owner of a premises found to be in violation of E.C.O. 529.03 or 529.05 or 529.07 to whom the Housing Manager or Certified Building Official has charged the costs of nuisance abatement, provided that all appeals of these charges have been concluded or the time of appeal has expired.
(b) Affidavit Required; Non-Individual Owner. Each corporation, partnership or limited liability company which is applying for a zoning map amendment, variance, use district exception or special use permit shall submit to the Planning and Zoning Commission a signed affidavit, as set forth in division (a) above. The affidavit, submitted by a duly authorized officer, director, partner, member or manager of the corporation, partnership or limited liability company shall attest to whether the applying officer, director, partner, member or manager fits any of the descriptions in divisions (a)(1) through (4) above.
(c) Exception. The Disclosure Affidavit requirement of Section 1323.04(a) or (b) shall not apply to any zoning map amendment request relating to an overlay zone.
(Ord. 26-2009. Passed 2-17-09.)
All of the individual parcels of land within the boundaries of a zoning lot used to authorize new construction are required to be consolidated by plat of consolidation into a single parcel of land and recorded in the land records of Cuyahoga County, Ohio before a certificate of occupancy is issued.
(Ord. 74-2012. Passed 5-21-12.)
The owner or owners or any tenant or tenants in possession of any building or premises or part thereof, where anything in violation of this Zoning Code is placed, or exists, or is maintained, and any architect, builder or contractor who is employed to assist in the commission of any such violation, and all persons or corporations who violate or maintain any violation of any of the provisions of this Zoning Code, or who fail to comply therewith, or with any requirements thereof, or who build in violation of any detailed statement of plans submitted and approved thereunder, shall, for each and every violation or noncompliance be fined not more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 2812. Passed 11-13-22; Ord. 175-2008. Passed 9-2-08.)