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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CHAPTER 1280 Planned Unit Developments (Repealed)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
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1262.09 CERTIFICATES OF OCCUPANCY.
   (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.)
1262.10 AUTHORITY OF BUILDING COMMISSIONER; RECORDS.
   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.)
1262.11 VIOLATIONS.
   (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.)
1262.12 LICENSING PERMITS.
   (a)   A licensing permit shall be defined as a limited use permit which does not grant any property right beyond the limited permit period.
   (b)   Licensing permits shall be required for certain prohibited main uses, which use while prohibited and in derogation of the Zoning Code, may under certain circumstances be permitted for a limited period of time, not to exceed two years in the following districts only: All Industrial and Business Districts.
   (c)   Licensing permit applications shall be submitted to the Building Commissioner for review and thereafter to the Planning Commission. The Planning Commission shall hold a hearing thereon, notice of which shall be published in a newspaper of general circulation, and mailed to the owners of the property contiguous to and across the street from, or within 500 feet of, the parcel for which a licensing permit is requested at least 15 days before the hearing. The Planning Commission shall take action upon such application within 60 days from the date of the public hearing on such application, unless a longer time is approved by the Commission and applicant.
   (d)   Conditions and standards. An application for a licensing permit shall not be approved unless all the following conditions and standards are complied with as set forth:
      (1)   Applicant provides an affidavit acknowledging that the proposed use is prohibited pursuant to the Zoning Code and further acknowledges and waives any right, claim, interest, for the continued use after the licensing permit period.
      (2)   That the proposed use shall not extend, enlarge, expand or intensify from its approved operation without express modification of the licensing permit.
      (3)   Compliance with all federal, state and local regulations and permit processes.
      (4)   Planning Commission will consider the following factors:
         A.   The effect of the temporary use upon neighboring lands;
         B.   Whether the property is currently being used under an existing permitted use;
         C.   Whether the proposed use would create a nuisance;
         D.   Whether the proposed location and extent of the temporary use is properly located taking into consideration surrounding properties;
         E.   Whether the proposed licensed permit use would discourage the appropriate use and/or impair the value of surrounding properties;
         F.    Whether the proposed use would violate the noise, smoke, dust, odors, fumes, set back requirements or other standards of the district.
   (e)   Effective period. The licensing permit shall become null and void if substantial use is not commenced within six months from Planning Commission approval. In any event no licensing permit shall be granted in excess of two years, unless an extension is granted by Planning Commission.
(Ord. 10-84. Passed 10-19-10.)
1262.99 PENALTIES; EQUITABLE REMEDIES.
   (a)   Whoever violates Section 1262.11(b) shall forfeit and pay not less than five dollars ($5.00) nor more than fifty dollars ($50.00), to be recovered with costs in a civil action brought by the Law Director in the name of the City of North Royalton for the use thereof. Each day such violation shall continue shall constitute a separate forfeiture.
   (b)   Whoever willfully violates Section 1262.11(c) shall forfeit and pay to the City not more than five hundred dollars ($500.00) as determined by the Council. Such sum shall be recovered, with costs, in an action brought by the Law Director in the name of the City of North Royalton and for the use thereof.
   (c)   Whoever violates any of the provisions of Section 1262.11(d) shall be guilty of a misdemeanor of the fourth degree for a first offense and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both. For a second offense within one year after the first offense, such person shall be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both. For each subsequent offense within one year after the first offense, such person shall be guilty of a misdemeanor of the second degree and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both.
   (d)   Whoever violates Section 1262.11(e) shall be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense.
   (e)   Whoever violates Section 1262.11(f) shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense.
   (f)   Whoever violates Section 1284.07(g) shall be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense.
   (g)   Whoever violates any provision of Chapter 1284, for which no penalty is otherwise provided, shall be guilty of a minor misdemeanor for a first offense and shall be fined not more than one hundred dollars ($100.00). For a second offense within one year of the first offense, such person shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both. For each subsequent offense within one year after the first offense, such person shall be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both.
   (h)   Whoever violates or fails to comply with any of the provisions of Section 1278.09(a)(2) or Chapter 1288 shall be fined not more than five hundred dollars ($500.00) for each offense.
   (i)   A separate offense shall be deemed committed each day during or on which a violation of, or noncompliance with, any of the provisions of this Zoning Code occurs or continues, unless otherwise provided.
   (j)   In the event of a violation of Section 1262.11(a), or the imminent threat thereof, then, upon the request of the Mayor or Council, the Law Director, on behalf of the City, shall institute a suit for injunction to prevent or terminate such violation.
   (k)   In the event that any building or structure is being erected, constructed, altered, repaired or maintained in violation of any of the provisions of this Zoning Code, or there is an imminent threat of violation, the City, or the owner of any contiguous or neighboring property who would be especially damaged by such violation, may institute and maintain, in addition to any other remedies provided by law, a suit in the Court of Common Pleas of Cuyahoga County, Ohio, for injunction to terminate or prevent such violation as a public nuisance.
   (l)   Whoever violates or fails to comply with any of the provisions of Section 1284.15(b) shall, for the first offense, be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both. For a second or subsequent offense, such person shall be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
   In addition to such penalties, the Municipality shall also have the right, by appropriate action at law or in equity, to enjoin, correct, restrain and abate any such violation.
   (m)   Whoever violates any of the provisions of Chapter 1290 shall, for the first offense, be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both. For a second or subsequent offense, such person shall be guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.
   If the violator is an organization, such organization shall, for a first offense, be guilty of a misdemeanor of the third degree and shall be fined not more than three thousand dollars ($3,000). For a second or subsequent offense, such organization shall be guilty of a misdemeanor of the first degree and shall be fined not more than five thousand dollars ($5,000).
(Ord. 1970-232. Passed 9-15-71; Ord. 1980-191. Passed 2-18-81; Ord. 1981-153. Passed 11-18-81; Ord. 1982-129. Passed 3-16-83; Ord. 1988-175. Passed 10-17-88; Ord. 96-127. Passed 7-2-96; Ord. 97-57. Passed 4-15-97.)