(a) Jurisdiction Over Building Permits Requesting Demolition of a Building or Structure. A building permit for the demolition of a building may be issued by the Building Commissioner upon application by the owner of the property and approval by the Planning Commission.
(1) The Planning Commission shall not have jurisdiction over the review or determination of any building permit requesting demolition of a single-family or two-family structure.
(2) The Building Commissioner shall have the authority to review and issue a determination of approval or denial on all building permits requesting demolition of a single-family or two-family residential structures.
(b) Building Permit Application Contents. An application for a building permit for demolition shall include the proposed use and development plans for the zoning lot upon which the building to be demolished is located and such other data as the Building Commissioner may deem to be necessary.
(c) Demolition of Single-Family, Two-Family and Accessory Structures. A building permit for the demolition of a single-family, two-family and accessory structure may be approved by the Building Commissioner.
(1) The application shall be accompanied by such data as the Building Commissioner may deem to be necessary.
(2) If the Building Commissioner determines that such demolition is proposed to be conducted in such manner as to avoid detrimental or blighting influences upon the neighborhood and to avoid interfering with or impairing the use and enjoyment of the neighboring premises.
(d) Demolition of Multi-Family and Non-Residential Structures. This division applies to all structures except for single-family, two-family and accessory structures.
(1) If the applicant’s proposed use is a permitted principal use or accessory use to a permitted principal use within the zoning district, the Planning Commission may simultaneously consider the development plans of the applicant to determine preliminary or final approval in accordance with the development plan provision of this Zoning Code.
(2) If the applicant’s proposed use of the zoning lot is a conditional use or an accessory use to a conditional use within the zoning district, Planning Commission shall simultaneously determine whether such use complies with the purpose and intent and basic planning objectives of this Zoning Code, complies with the planning objectives for the zoning district and the standards expressed in the Conditional Use Chapter, and complies with(or is deemed to comply by reason of satisfying the planning objectives of) all substantive requirements of this Zoning Code applicable to such use.
(3) If the Planning Commission determines that the proposed demolition is to be conducted in such manner as to avoid detrimental or blighting influences upon the neighborhood and to avoid interfering with or impairing the use and enjoyment of the neighboring premises, it shall approve the application for a building permit for the demolition, notwithstanding its findings regarding the proposed use or development plan.
(4) Prior to action being taken by the Planning Commission on an application for a building permit for the demolition of a building, the Planning Commission shall cause written notice of the initial meeting at which such application shall be considered by the Commission to be mailed, by first class mail, at least ten days before the date of such meeting, to the owners of property within 200 feet from the borders of such parcel or parcels on which the application for demolition of a building has been made to the addresses of such owners appearing on the Cuyahoga County Auditor’s current tax list or the Treasurer’s mailing list and to such other list or lists that may be specified by the Commission. The failure of delivery of such notice shall not invalidate any action by the Commission.
(Ord. 2022-24. Passed 5-24-22.)