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North Royalton Overview
North Royalton Code of Ordinances
CITY OF NORTH ROYALTON, OHIO CODIFIED ORDINANCES
DIRECTORY OF OFFICIALS (2024)
COMPARATIVE SECTION TABLE
COMPARATIVE SECTION TABLE - ZONING
CHARTER OF THE MUNICIPALITY OF NORTH ROYALTON, OHIO
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
TITLE TWO - Planning
TITLE FOUR - Subdivision Regulations
TITLE SIX - Zoning
CHAPTER 1260 General Provisions and Definitions
CHAPTER 1262 Administration, Enforcement and Penalty
CHAPTER 1264 Board of Zoning Appeals
CHAPTER 1266 Amendments
CHAPTER 1268 Districts Generally and Zoning Map
CHAPTER 1270 Residential Districts (Other Than Senior Citizen and Rural Residential Districts)
CHAPTER 1272 Senior Citizen District
CHAPTER 1273 Rural Residential Districts
CHAPTER 1274 Public Facilities Districts
CHAPTER 1276 Business Districts
CHAPTER 1278 Industrial Districts
CHAPTER 1280 Planned Unit Developments (Repealed)
CHAPTER 1281 Traditional Town Center/Main Street District (TCD)
CHAPTER 1282 Off-Street Parking and Loading
CHAPTER 1284 Signs
CHAPTER 1286 Nonconforming Uses
CHAPTER 1288 Buffering
Appendix I: Illustrations of Yard Regulations for Multifamily Dwellings
Appendix II: Parking Area Design Standards
Appendix III: Illustrations of Yards and Building Line
CHAPTER 1290 Wireless Telecommunications Facilities
CHAPTER 1292 Wind Energy Turbines
COMPARATIVE SECTION TABLE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
CHAPTER 1262
Administration, Enforcement and Penalty
1262.01   Purposes and intent; interpretation; conflicts.
1262.02   General authority; applications for permits and certificates.
1262.03   Building permits generally.
1262.04   Withholding of building permits.
1262.05   Required drawings and other information.
1262.06   Applications for and issuance or nonissuance of building permits.
1262.07   Conditional use permits.
1262.08   Determination of similar uses.
1262.09   Certificates of occupancy.
1262.10   Authority of Building Commissioner; records.
1262.11   Violations.
1262.12   Licensing permits.
1262.99   Penalties; equitable remedies.
   CROSS REFERENCES
   Administrative board; powers and duties - see Ohio R.C. 713.11
   Notice and hearing on municipal zoning regulations - see Ohio R.C. 713.12
   Violation of zoning ordinance may be enjoined - see Ohio R.C. 713.13
   Definitions - see P. & Z. 1260.07
   Appeals - see P. & Z. 1264.04 et seq., 1264.11
   Variances - see P. & Z. 1264.08 et seq.
   Amendments - see P. & Z. Ch. 1266
1262.01 PURPOSES AND INTENT; INTERPRETATION; CONFLICTS.
   (a)   Administrative procedures for administering, interpreting and enforcing this Zoning Code are herein established in order to achieve, among others, the following purposes:
      (1)   To provide for the review of an application for a building permit;
      (2)   To provide for the inclusion of necessary facilities, services and other uncommon uses through conditional use permits;
      (3)   To provide the inclusion of uses which are uncommon but which have characteristics similar to permitted main uses;
      (4)   To assure that no work shall be started on the relocation, construction, reconstruction or structural alteration of a building until the proposed building or use is found to comply with all the provisions of this Zoning Code;
      (5)   To assure that in the construction of new buildings, alterations or changes of use are complete, and that all required provisions have been complied with, by requiring a certificate of occupancy;
      (6)   To provide for the enforcement of this Zoning Code and to keep records of actions in regard to such enforcement; and
      (7)   To provide supplementary administrative procedures in conformity with the objectives of the North Royalton Master Plan and this Zoning Code.
   (b)   In administering this Zoning Code, the provisions thereof shall be regarded as establishing minimum requirements and shall be used specifically to further the underlying purposes, objectives and intent set forth in each chapter.
   (c)   The relationship of this Zoning Code to other laws, rules and regulations, and the relationship if two or more specific provisions of this Zoning Code apply to the same subject, are set forth in Sections 1260.03 and 1260.04.
(Ord. 1970-232. Passed 9-15-71.)
1262.02 GENERAL AUTHORITY; APPLICATIONS FOR PERMITS AND CERTIFICATES.
   (a)   The administration of this Zoning Code is vested in the following officials, commissions and boards of the City:
      (1)   The Planning Commission
      (2)   The Building Commissioner
      (3)   The Board of Zoning Appeals
   (b)   Compliance with the provisions of this Zoning Code shall be accomplished by:
      (1)   Application for and issuance of a building permit, including the following, if applicable:
         A.   Application for a conditional use permit;
         B.   Application for determination of a similar use;
         C.   Application for and approval of a development plan; and
         D.   Appeal for an interpretation or request for a variance.
      (2)   Application for a certificate of occupancy issued upon completion of a building or land improvement.
(Ord. 1970-232. Passed 9-15-71; Ord. 1980-191. Passed 2-18-81; Ord. 92-21. Passed 4-21-92.)
1262.03 BUILDING PERMITS GENERALLY.
   No excavation for a building or for site improvement, no site clearance, and no erection, alteration or movement of a building or structure or part thereof, shall be begun until a building permit has been applied for and issued by the Building Commissioner.
   (a)   Approval of Development Plans. Whenever a development plan has been submitted by a developer as required by this Zoning Code, the preliminary plan and final plan of the development area shall have been approved by the Planning Commission, and, in the case of a planned unit development area, by the Council, before a building permit may be issued by the Building Commissioner.
      Before a permit shall be issued for a development proposed to be built in sections or phases, the plans for the total completed project shall have been first submitted to the City Engineer for approval.
   (b)   Compliance With Zoning Code and Other Ordinances. Permits for the construction of a building or land improvement or change in use may be issued by the Building Commissioner only if the work described in the application therefor clearly complies with all provisions of this Zoning Code and other ordinances of the City. If the proposed building or use does not clearly comply, the Building Commissioner shall not have the power to grant variances or make exceptions unless specifically so empowered.
   (c)   Conditional Use Permits. Whenever it is determined that a conditional use is required, a building permit for the building or use requiring the conditional use permit shall not be issued until such permit has been applied for and approved by the Planning Commission.
   (d)   Determination of Similar Use. Whenever a determination of a similar use has been applied for, a building permit for the building or use shall not be issued until the inclusion of such use as a permitted use has been made by the Planning Commission and approved by Council.
(Ord. 1970-232. Passed 9-15-71; Ord. 1979-121. Passed 7-18-79.)
1262.04 WITHHOLDING OF BUILDING PERMITS.
   Nonconforming Lots. No building permit shall be issued for a one, two, or three-family building unless the residential lot shall abut upon a dedicated street; the utilities, pavement and all other required improvements have been constructed, or their construction guaranteed; the lot is located in a duly recorded subdivision or approved by the Planning Commission and no plat is required, or resubdivided in accordance with the provisions of Section 1270.17 so as to comply with the requirements of this Zoning Code.
(Ord. 1970-232. Passed 9-15-71; Ord. 02-51. Passed 7-2-02.)
1262.05 REQUIRED DRAWINGS AND OTHER INFORMATION.
   In addition to drawings required by the provisions of the Building Code, application for a building permit shall be accompanied by:
   (a)   A plat showing dimensions of the lot to be developed, the permanent parcel number, a topographic survey at two-foot intervals or adequate topographic data and evidence that the lot has been surveyed and certified by a registered surveyor or engineer;
   (b)   A site plan drawn to scale showing the location of proposed and existing buildings, driveways, sidewalks, landscaping, parking areas and proposed finished grades, as well as the location and use of buildings on adjoining lots within distances specified in other sections of this Zoning Code. For residential developments, the size and location of a garage shall be shown.
   (c)   Such other drawings and information as may be required by the provisions of Chapter 1276 for Local Business Districts, and Chapter 1278 for Research-Office and General Industrial Districts.   
(Ord. 1970-232. Passed 9-15-71; Ord. 07-61. Passed 6-5-07.)
1262.06 APPLICATIONS FOR AND ISSUANCE OR NONISSUANCE OF BUILDING PERMITS.
   (a)   Applications. Applications for building permits and accompanying drawings shall be submitted to the Building Commissioner. After processing the same, as to general conformity with the Building Code, the Building Commissioner shall submit to the Planning Commission those applications which require its approval, and to the Board of Zoning Appeals those applications involving any interpretation required by such Board.
   (b)   Approval. The Building Commissioner, having received reports of approval from the Council, the Planning Commission and the Board of Appeals, as may be applicable, and finding that the drawings, specifications and documents submitted comply with this Zoning Code and other relevant ordinances of the City, may issue a building permit upon payment of required fees.
   (c)   Disapproval. If the Council, the Planning Commission, the Board of Zoning Appeals or the Building Commissioner does not recommend approval of the application, they shall suggest changes in the drawings as may be necessary to accomplish the purpose of this Zoning Code. In such instances, conferences with applicants may be held and the application revised or resubmitted, as may be required.
(Ord. 1970-232. Passed 9-15-71.)
1262.07 CONDITIONAL USE PERMITS.
   (a)   In General. Conditional use permits shall be required for certain types of main uses, as defined in Section 1268.02, generally a publicly operated use or a facility which affects the public interest. Such use may be permitted and desirable in certain districts, but not without consideration in each case of the effect of the use upon neighboring land and the public need for the particular use at the particular location. The application of the planning standards for determining the location and extent of such use is a planning function and not in the nature of a variance or appeal.
   Enumerated throughout this Zoning Code are certain uses and the districts in which conditional uses may be permitted, provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission and approved by Council.
   (b)   Action on Applications. An application for a conditional use permit received from the proponent shall be submitted by the Building Commissioner to the Planning Commission. The Planning Commission shall hold a hearing thereon, notice of which shall be published in a newspaper of general circulation, or mailed to the owners of the property contiguous to and across the street from, or within 500 feet of, the parcel for which a conditional use permit is requested whichever is the most inclusive) at least fifteen days before the hearing. The Planning Commission shall take action upon such application within sixty days from the date of the public hearing on such application, unless a longer time is allowed by Council. Failure to act within such period shall be deemed approval. Before a conditional use permit may become effective, it must also be confirmed by City Council.
   (c)   Conditions and standards. An application for a conditional use permit shall not be approved unless the following conditions and standards are complied with as set forth for the following districts:
      (1)   Residential Districts.
         A.   That the proposed use is properly located in relation to any adopted land use or street plan, particularly as to the collector and local street systems and pedestrian circulation;
         B.   That when located on a local street the proposed use will generate the least possible traffic through a residential neighborhood;
         C.   That the proposed use is necessary to serve the surrounding residential areas which cannot be served satisfactorily if the same use if located in a nearby less restrictive district where it may be permitted by right;
         D.   That the location, design and operation of such use will not discourage the appropriate development or impair the value of the surrounding residential district; and
         E.   That for temporary structures every conditional use permit shall be reviewed every six months and may be renewed only while the construction operations are pursued diligently.
      (2)   Business, Research, Service and Industrial Districts.
         A.   That the proposed use is necessary to serve community needs and that existing similar facilities located in a less restrictive or more remote district, in which the use may be permitted by right, are inadequate;
         B.   That the proposed use is not closer than applicable regulations indicate in the particular situation to schools, churches and other places of assembly;
         C.   That the location, extent and intensity of the proposed use shall be such that its operation will not be more objectionable to nearby dwellings, by reason of noise, smoke, dust, odors, fumes, vibrations or glare, than is normal or is permitted by the performance standards of the district;
         D.   That the proposed use will form a harmonious part of the Business, Research, Service or Industrial District, taking into account, among other things, convenience of access and the relationship of one use to another;
         E.   That the proposed use will be permitted in a district that is more restrictive than one in which it is permitted by right, only because of its limited extent, modern equipment and processes; and
         F.   That the hours of operation and concentration of vehicles in connection with the proposed use will not be more hazardous or dangerous than the normal traffic of the district.
      (3)   Safeguards and conditions. In addition to complying with the general standards set forth in paragraphs (c)(1) and (2) hereof, conditions appropriate to each particular application may also be set forth in the permit.
      (4)   Effective period. The approval of a conditional use permit shall become null and void if substantial construction of the building or site improvement is not started within a one-year period after the date of approval. The Planning Commission may grant an extension of time beyond this one-year period if further project approval or extensions have been granted and the applicant has pursued all necessary avenues to initiate construction of the project.
(Ord. 1970-232. Passed 9-15-71; Ord. 1979-100. Passed 6-20-79; Ord. 94-86. Passed 5-17-94; Ord. 95-175. Passed 11-21-95; Ord. 97-182. Passed 1-6-98.)
1262.08 DETERMINATION OF SIMILAR USES.
   (a)   The determination as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation. Any use found similar shall thereafter be included in the enumeration of uses permitted by right.
   (b)   All applications for permits for a building or use not specifically listed in any of the permitted building or use classifications in any of the districts shall be submitted to the Planning Commission and, after approval by it, confirmed by the Council in compliance with the following standards:
      (1)   That use is not listed in any other classification of permitted buildings or uses;
      (2)   That such a use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than to any other classification;
      (3)   That such a use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and
      (4)   That such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(Ord. 1970-232. Passed 9-15-71.)
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