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South Euclid Overview
South Euclid, OH Code of Ordinances
CODIFIED ORDINANCES OF SOUTH EUCLID, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS (2024)
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - PLANNING AND ZONING CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - BUSINESS REGULATION CODE
PART THIRTEEN - BUILDING CODE
PART FOURTEEN - HOUSING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SIXTEEN - BUSINESS MAINTENANCE CODE
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762.09 DETERMINATION OF SIMILAR USES.
   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.
   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 Zoning Administrator and the Law Director to determine compliance with the following standards:
   (a)   That such use is not listed in any other classification of permitted buildings or uses;
   (b)   That such use is more appropriate and conforms more to the basic characteristics of the classification to which it is to be added than to any other classification.
   (c)   That such 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 that which normally results from other uses listed in the classification to which it is to be added; and
   (d)   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.
762.10 NONCONFORMING REGISTRATION CERTIFICATES.
   (a)   At any time after the adoption of this Planning and Zoning Code, should the City of South Euclid become aware of a nonconforming use, the owner of said nonconforming use shall be notified by the Zoning Administrator of the provisions of this section and of the fact that his or her property constitutes a nonconforming use. Within sixty days after receipt of said notices, the owner shall apply for and be issued a nonconforming registration certificate for the nonconforming use. The application for such certificate shall designate the location, nature and extent of the nonconforming use and such other details as may be required for the issuance of the nonconforming registration certificate.
   (b)   If the owner of a nonconforming use fails to apply for a nonconforming registration certificate within sixty days after receipt of the foregoing notices, the use shall cease to be nonconforming and shall be deemed to be in violation of this Planning and Zoning Code. The Zoning Administrator shall take appropriate action to enjoin such violation.
   (c)   If the Zoning Administrator shall find, upon reviewing the application for a nonconforming registration certificate, that the existing use is illegal or in violation of any other ordinance or law, or if he or she finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the Building Code or this Planning and Zoning Code, he or she shall not issue the nonconforming registration certificate but shall declare such use in violation of this Planning and Zoning Code.
   (d)   The nonconforming registration certificate issued by the Zoning Administrator for a nonconforming use shall state that the use may be continued for a period of twelve months. The nonconforming registration certificate may be renewed.
   (e)   After the adoption of this Planning and Zoning Code, or of any amendment thereto, the Zoning Administrator shall prepare a record of all known nonconforming uses and occupations of lands, buildings and structures existing at the time of the enactment of this Planning and Zoning Code or any amendment thereto. Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of the nonconforming use, plus any other information required under Section 751.01. Such record shall be available at all times in the office of the Zoning Administrator.
762.11 EFFECTIVE PERIOD OF PERMITS.
   All exceptions to and variances from the provisions of this Planning and Zoning Code and the Building Code of the City, granted by the Zoning and Building Standards Board of Appeals, shall be void after twelve months from the date of approval thereof, unless, in the case of new construction, work has been done above the foundation walls, and unless, in the case of occupancy of land or reconstruction or occupancy of buildings, the operation called for by the permit is well underway, in the judgment of the Zoning Administrator, by the end of such twelve-month period.
762.12 REVIEW OF BUILDING PERMIT APPLICATIONS BY ARCHITECTURAL REVIEW BOARD.
   (a)   Within five business days of acceptance of an application for a building permit which calls for new construction or construction that alters elevation wheresoever situated in the City, the Zoning Administrator shall submit to the Architectural Review Board one copy of all documents and drawings submitted with the application as required by Section 762.01.
   (b)   In making its decision, the Architectural Review Board shall consider the following:
      (1)   The overall exterior appearance of any proposed building or structure and all appurtenances (including signs);
      (2)   The height, bulk and scale of any proposed building or structure and all appurtenances (including signs) with respect to buildings or structures and all appurtenances (including signs) in the immediate area;
      (3)   The exterior materials, colors and textures of any proposed building or structure and all appurtenances (including signs) with respect to the compatibility of such materials, colors and textures to other buildings and structures and all appurtenances (including signs) within the immediate area;
      (4)   The arrangement and location of any proposed building, structure or use and all appurtenances (including signs) on the site, as well as their relationship to other buildings and structures and all appurtenances (including signs) within the immediate area;
      (5)   The character, appearance and scale of any proposed landscaping or plantings for decorative or screening purposes; and
      (6)   All other factors that affect the appearance of the site and the area.
      (7)   The Architectural Review Board may also propose and enforce design guidelines or standards that have been approved by resolution of Council.
   (c)   The Architectural Review Board shall endeavor to insure that the exterior appearance of all buildings, structures and all appurtenances (including signs) or uses will:
      (1)   Enhance the attractiveness and desirability of the area in keeping with its purpose and intent;
      (2)   Encourage the orderly and harmonious development of the area in keeping with its character;
      (3)   Improve residential amenities; and
      (4)   Enhance and protect the public and private investment and the value of all land and improvements within the area.
   (d)   The Architectural Review Board shall not attempt to prescribe the style of architecture as long as the architectural style and design under consideration meet the standard set forth above.
   (e)   The Architectural Review Board shall submit its findings to the Zoning Administrator, in writing, within thirty days of receipt of the application by the Zoning Administrator. No building permit shall be issued by the Building Commissioner on applications referred to the Architectural Review Board unless plans and specifications therefore have been approved by the Architectural Review Board. The Zoning Administrator shall record such findings.
(Ord. 73-00. Passed 5-14-01; Ord. 01-17. Passed 12-27-18.)