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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.)
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.)
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.)
(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.)
(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.)
(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.)
(a) In General. A certificate of occupancy shall be applied for by the owner of the property in question or his or her agent and shall be issued by the Building Commissioner as a condition precedent to the occupancy and/or use of a building and land as follows:
(1) Occupancy of a building erected or altered. A certificate of occupancy shall be required before occupancy of a new building, or before occupancy of an existing building which has been altered, moved or changed in use or the off-street parking requirements of which have been increased. Such certificate shall only be issued after the erection or alteration of a building, or a component thereof, or after a required accessory use has been provided and found by inspection to be in conformity with the provisions of this Zoning Code and the Building Code. No occupancy permit shall be issued for any residential or nonresidential structure requiring the issuance of an occupancy permit until a site plan setting forth the final topography of the site has been submitted by the owner or his or her agent and until the City Engineer has certified that the finished grade conforms and complies with the topographical site plans submitted. The Building Commissioner and/or the City Engineer are permitted to issue a temporary conditional occupancy permit when necessary due to weather and/or other extenuating circumstances. In all cases, final grading must be completed by the first day of June following completion of the structure.
(2) Change in use of conforming building or land. A certificate of occupancy shall be required before occupancy of a conforming building or land where the use has been changed, provided the use is different from the prior use, and shall be issued when the use is found, upon inspection, to be in conformity with the provisions of this Zoning Code.
(3) Change in use of nonconforming building or land. A certificate of occupancy shall be required whenever a nonconforming building or land is changed, but shall not be issued until the Planning Commission has approved the change in accordance with the provisions of Chapter 1286.
(b) Record of Existing Building and Land Use. The Building Commissioner may inspect a building or tract of land existing on the effective date of this Zoning Code and may issue a certificate of occupancy therefor, certifying:
(1) The present use of the building or land;
(2) If such use conforms to all of the provisions of this Zoning Code; and
(3) If it is a lawfully existing nonconforming use.
(c) Applications for Certificates.
(1) An application for a certificate of occupancy may be submitted separately or may accompany an application for a building permit. Accurate information shall be furnished by the owner or his or her agent, as to size and location of the lot and the buildings or structures occupying the lot, the dimensions of all yards and open spaces, the use of the land or building, and all such information as may be included on a form to be furnished by the City of North Royalton.
(2) A record of all applications and certificates issued shall be kept on file in the office of the Building Commissioner and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land affected.
(Ord. 1970-232. Passed 9-15-71; Ord. 92-233. Passed 11-4-92.)
The duty of administering and enforcing the provisions of this Zoning Code is hereby conferred upon the Building Commissioner. The Commissioner may promulgate rules and regulations as he or she may determine necessary to supplement the administration of this Zoning Code. After certification by the Council, such rules of the Building Commissioner shall have the same force and effect as the other provisions of this chapter.
(a) Inspection and Order for Removal of Violation. The Building Commissioner is hereby empowered to enter any premises at a reasonable time to inspect a reported violation of this Zoning Code, examine the same and order, in writing, the remedying of any condition found to exist in violation of any provision of this Zoning Code. After such an order is served or posted on the premises, no work, except to correct said violation in compliance with such order, shall proceed on any building or tract of land until said violation is corrected.
(b) Records and Reports. The Building Commissioner shall keep, or cause to be kept, records in his or her department in regard to any decisions, determinations or conclusions reached by him or her in connection with the enforcement of this Zoning Code. Such records shall be open to public inspection during regular business hours.
(Ord. 1970-232. Passed 9-15-71.)
(a) No person shall erect, construct, alter, repair or maintain any building or structure, or use any land, in violation of any of the provisions of this Zoning Code or any regulation enacted pursuant thereto.
(b) No person shall willfully violate any rule or regulation adopted by the Council or the Planning Commission in connection with the administration and enforcement of this Zoning Code.
(c) Unless the Planning Commission has given its prior consent thereto, which shall be confirmed by action of Council, no person shall sell, transfer or change the use of common land, a street, a recreation area, a park or other open land that has been set aside, with the approval of the Planning Commission, for exclusive use, in common, by abutting or other owners or occupants of land.
(d) No person shall:
(1) Use or occupy any land, or place, build, erect, alter, remodel, restore or rebuild thereon any building or structure, or permit any building or structure to remain on such land, or use, occupy or operate such building or structure, in any way or for any use or purpose which is not permitted by the provisions of this Zoning Code;
(2) Aid, assist or participate with any other person in placing, building, erecting, altering, remodeling, restoring or rebuilding any building or structure which is not permitted by the provisions of this Zoning Code;
(3) Violate or fail to perform any condition, stipulation or safeguard set forth in any permit issued pursuant to this Zoning Code, or continue to use or occupy the premises or building as previously authorized by such permit beyond the duration limit therein stated;
(4) Refuse to permit the Building Commissioner or his or her assistant to enter any premises in the City to investigate a reported violation of the provisions of this Zoning Code;
(5) Knowingly make any materially false statement of fact in an application to the Building Commissioner or his or her assistants for a permit or in any plans or specifications submitted in relation to any application under this Zoning Code;
(6) Being an owner or lessee of any premises, knowingly suffer or permit a violation of this Zoning Code to occur or exist on such premises; or
(7) Violate any provision of this Zoning Code for which no penalty is otherwise provided.
(Ord. 1970-232. Passed 9-15-71; Ord 1985-40. Passed 6-5-85.)
(e) No person, when an order to remove or correct any violation of any of the provisions of this Zoning Code, in any building or tract of land in the City, has been served on the owner, agent, lessee or tenant of the building or tract of land, or part thereof, or upon the architect, builder, contractor or any other person who commits or assists in any such violation, shall fail to comply with such order within fifteen days after the service of notice thereof.
(Ord. 1981-153. Passed 11-18-81.)
(f) No person, when an order has been issued by the Building Department and/or the Police Department to remove or correct any violation of this Zoning Code regarding the parking or storage of motor vehicles, shall fail to comply with such order within twenty-four hours after the service of notice thereof.
(Ord. 1980-191. Passed 2-18-81.)
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