Chapter 1105: Scope and Application

Sections

1105.01   Title

These rules, regulations, procedures and Map shall be known, cited and referred to as the Chagrin Falls Planning and Zoning Code. Being Titles One to Five of Part Eleven - The Planning and Zoning Code of the Codified Ordinances of Chagrin Falls, Ohio, the digit 11 standing for Part Eleven - The Planning and Zoning Code of the Codified Ordinances of Chagrin Falls shall be understood to precede all section numbers of this Code.
(Ord. 2019-39. Passed 8-13-19.)

1105.02   Findings of fact

  1. (a) This Planning and Zoning Code is adopted to promote and protect the public health, safety, convenience, comfort, prosperity and/or general welfare by Regulating the use of buildings, other structures and land for institutional, residential, business, industrial or other uses;

  2. (b) Regulating the area and dimensions of lots, yards and other open spaces;

  3. (c) Regulating and restricting the location, bulk, height, design and land coverage of buildings and structures; by regulating and limiting the density of population;

  4. (d) Establishing districts of such classification, number and dimensions as may be considered best to implement comprehensive planning; and

  5. (e) Providing regulations and procedures for the administration, interpretation, amendment and enforcement thereof.
    (Ord. 2019-39. Passed 8-13-19.)

1105.03   Objectives

It is intended that the provisions of this Planning and Zoning Code shall be applied to achieve the following objectives:

  1. (a) To protect the character and values of the parks, institutional, residential, business, industrial and public uses and to assure their orderly and beneficial development;

  2. (b) To provide adequate open spaces for light and air; to prevent overcrowding of the land; to prevent excessive concentration of population, and conversely to prevent sparse and uncoordinated development;

  3. (c) To improve the public safety and to lessen congestion by locating buildings and uses in relation to streets so as to cause the least interference with, and be damaged least by traffic movements;

  4. (d) To minimize conflicts between different land uses by requiring adequate landscaping, yards, and buffers in appropriate locations;

  5. (e) To provide for public facilities and utilities such as a water supply, a sewer system and transportation systems as well as land for recreation, schools and other public facilities; and

  6. (f) To encourage the most appropriate uses of the land and guide the future development of the Municipality in accordance with a comprehensive plan;

  7. (g) To preserve historic character and encourage historic preservation of historically significant buildings and structures.
    (Ord. 2019-39. Passed 8-13-19.)

1105.04   Application; jurisdiction

  1. (a) Buildings and land shall be used; and the use of buildings and land shall be changed or extended; and buildings shall be designed and erected; and existing buildings or uses shall be altered, converted, enlarged, reconstructed or moved only in conformance with this Planning and Zoning Code.

  2. (b) The provisions of this Planning and Zoning Code shall be considered as minimum requirements and shall be literally construed to further its underlying purposes and objectives. They shall apply uniformly to each class or kind of building, structure or land. Where the provisions of this Planning and Zoning Code impose greater restrictions upon buildings, structures, uses or land than imposed or required by other codes, laws, ordinances, rules, regulations or restrictive covenants running with the land, this Planning and Zoning Code shall govern; and conversely, other regulations shall govern where they are more restrictive than this Planning and Zoning Code.

  3. (c) The classification of districts set forth in Chapter 1119 shall not be construed as an enumeration of most restrictive to least restrictive districts. Neither shall it be construed that a use permitted in a certain district shall be permitted in a district which is enumerated subsequently, unless such use is specifically listed as permitted in such subsequent district.

  4. (d) This Planning and Zoning Code shall not be construed as removing or rendering inoperative any deed or land restriction established by restrictive covenants running with the land, easements or other agreements between parties.

  5. (e) The regulations set forth herein shall be applicable to all buildings, structures, uses and land of any political subdivision, district, taxing unit or bond issuing authority of the State, including the State, located within the corporate limits of the Municipality.
    (Ord. 2019-39. Passed 8-13-19.)

1105.05   Compliance with this planning and zoning code

No public officials of the Municipality shall issue permits or certificates for any structure or use that would result in conflict with provisions of this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)

1105.06   Relation to other regulations

In interpreting and applying the provisions of this Planning and Zoning Code, they shall be held to be minimum requirements adopted for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare.

  1. (a) Except as specifically herein provided, the provisions of this Planning and Zoning Code shall not annul existing deed or plat restrictions, codes, laws, rules, regulations or permits previously adopted or issued.

  2. (b) Where this Planning and Zoning Code is more restrictive as to the use of structures, buildings or land, and/or limits the height or bulk of buildings, or requires larger areas and yards than are required by other deed or plat restrictions, codes, laws, ordinances, rules or regulations, this Planning and Zoning Code shall govern; and conversely, other regulations shall govern where they are more restrictive in nature than this Planning and Zoning Code.

  3. (c) This Planning and Zoning Code shall not be construed as removing or rendering inoperative any deed or land restriction formerly established by restrictive covenants running with the land, easements or other agreements between parties.

  4. (d) Unless specifically provided otherwise in this Planning and Zoning Code, if the requirements of an Overlay District conflict with the requirements of the underlying district or any other provision of Municipality regulations, the requirements of the Overlay District shall govern.

  5. (e) Sale of Firearms.

    1. (1) As used in this section “firearm” shall have the same meaning as in Section 2923.11 of the Ohio Revised Code.

    2. (2) The commercial storage, sale or manufacture of firearms, firearm components, or ammunition for firearms is permitted by an owner or authorized tenant in any nonresidential zoning district in accordance with Section 9.68 of the Ohio Revised Code while such Ohio Revised Code Section remains in effect.
      (Ord. 2019-39. Passed 8-13-19.)

1105.07   Separability

If any provision, or the application of any provision, of this Planning and Zoning Code or amendments thereto is declared to be invalid by a judicial decision of a court of competent jurisdiction, the effect of such determination shall be limited to that provision or provisions expressly stated to be invalid, and such determination shall not affect, impair or nullify this Planning and Zoning Code as amended as a whole or any other part thereof.
(Ord. 2019-39. Passed 8-13-19.)

1105.08   Imposition of conditions

Whenever the Council, any board, commission, Village Engineer, Chief Administrative Officer, Administrator, or Building Inspector (collectively “Approving Authority”) has been delegated the power to approve plans, issue permits, for improvements, development, construction, reconstruction, or renovation of land, buildings and structures as provided for in the Planning and Zoning Code, such Approving Authority may impose conditions, so long as such conditions are in compliance with any applicable statutes, ordinances and standards, on any such approval with such conditions the Approving Authority believes are necessary to impose in order that the public health, safety, convenience, comfort and general welfare of the residents and the Village may be safeguarded and substantial justice done.
(Ord. 2022-19. Passed 6-13-22.)