Grandview Heights 3

Transcription

Grandview Heights 3

PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE Subdivision Regulations
Chap. 1101.
Title.
Chap. 1103.
Definitions.
Chap. 1105.
General Procedure.
Chap. 1107.
Preliminary Plan.
Chap. 1109.
Minimum Design Standards.
Chap. 1111.
Final Plat.
Chap. 1113.
Improvements.
Chap. 1115.
Variances and Exceptions.
Chap. 1117.
Enforcement and Penalty.
Chap. 1119.
Amendments.
TITLE THREE Zoning Administration
Chap. 1131.
Title; Intent and Purpose.
Chap. 1133.
Definitions.
Chap. 1135.
Chap. 1137.
Permits; Certificates of Occupancy.
Chap. 1139.
Board of Zoning Appeals.
Chap. 1141.
Planning Commission.
Chap. 1143.
Amendments.
Chap. 1145.
Interpretation and Conflict.
TITLE FIVE Zoning Districts and Regulations
Chap. 1151.
Districts and Boundaries.
Chap. 1153.
Development Requirements Applicable to All Zoning
Districts.
Chap. 1155.
Development Requirements Applicable to Residential Zoning
Districts.
Chap. 1157.
Development Requirements Applicable to Non-Residential
Zoning Districts.
Chap. 1167.
Signs.
CODIFIED ORDINANCES OF GRANDVIEW HEIGHTS
PART ELEVEN - PLANNING AND ZONING CODE
TITLE ONE - Subdivision Regulations
Chap. 1101.
Title.
Chap. 1103.
Definitions.
Chap. 1105.
General Procedure.
Chap. 1107.
Preliminary Plan.
Chap. 1109.
Minimum Design Standards.
Chap. 1111.
Final Plat.
Chap. 1113.
Improvements.
Chap. 1115.
Variances and Exceptions.
Chap. 1117.
Chap. 1119.
Amendments.
CHAPTER 1101
Title
1101.01
Title.
1101.01 TITLE.
Title One of this Part Eleven - Planning and Zoning Code shall be known and may be cited and referred
to as the "Subdivision Regulations of the City of Grandview Heights, Ohio."
(Ord. 90-44. Passed 9-4-90.)
CHAPTER 1103
Definitions
1103.01
1103.02
1103.03
Definitions generally.
Plat.
Subdivision.
CROSS REFERENCES
Plat and subdivision defined - see Ohio R.C. 711.001
Zoning definitions - see P.&.Z. Ch. 1103
1103.01 DEFINITIONS GENERALLY.
Certain words and phrases as used or found in these Subdivision Regulations are defined for the purpose
of these Regulations, as hereafter set forth in this chapter.
(Ord. 90-44. Passed 9-4-90.)
1103.02 PLAT.
"Plat" means a map of a tract or parcel of land.
(Ord. 90-44. Passed 9-4-90.)
1103.03 SUBDIVISION.
"Subdivision" means any one or more of the following:
(a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding
County Auditor' s record, into two or more parcels, sites or lots, any one of which is less than five acres for
the purpose, whether immediate or future, or transfer of ownership, provided, however, that the division or
partition of land into parcels of more than five acres not involving any new streets or easements of access,
and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not
create additional building sites, shall be exempted.
(b) The improvement of one or more parcels of land for residential, commercial or industrial structures
or groups of structures involving the division or allocation of land for the opening, widening or extension of
any street or streets, except private streets serving industrial structures; the division or allocation of land as
open space for common use by owners, occupants or leaseholders or as easements for the extension and
maintenance of public sewer, water, storm drainage or other public facilities.
(c) The resubdivision of land heretofore divided or platted into lots, sites or parcels.
(Ord. 90-44. Passed 9-4-90.)
CHAPTER 1105
General Procedure
1105.01 Duties of owner.
CROSS REFERENCES
Plat and contents - see Ohio R.C. 711.01 et seq.
Plat acknowledgment and recording - see Ohio R.C. 711.06
Vacating plats - see Ohio R.C. 711.17 et seq., 711.39
1105.01 DUTIES OF OWNER.
In seeking to subdivide any tract or parcel of land within the corporate limits of the City, the owner or his
authorized agent shall:
(a) Prepare and submit to the City Planning Commission a preliminary subdivision plan in accordance
with the provisions of Chapter 1107. The owner of a tract of land having one or more acres or more than
one parcel to be resubdivided having a combined acreage of one or more acres to be resubdivided shall
deposit the sum of two hundred dollars ($200.00) with the Finance Director at the time the preliminary plat
is filed, such two hundred dollars ($200.00) to be applicable as the land subdivision permit fee required by
the provisions of these Subdivision Regulations; provided, however, that such amount shall not be returned
to the developer upon failure to meet the requirements of these Regulations, or submit a final plat in proper
form. Such fee shall be used for the purpose of providing funds for the administrative costs incidental to the
processing of the plat by Council, the Planning Commission and their officers or employees, including
review of preliminary improvement plans, meetings, and any other costs incurred in the processing of plats.
(b) Follow the provisions of Chapter 1109 in the design of the subdivision.
(c) Following approval of the preliminary subdivision plan, prepare and submit to the City Engineer
improvement plans for the subdivision and also prepare and submit to the City Planning Commission and to
Council a final subdivision plat in accordance with the provisions of Chapter 1111.
(d) Within ninety days following the approval of the final subdivision plat by Council, record the plat in
the office of the Recorder of Franklin County, Ohio, or notify Council in writing of the abandonment of the
proposed subdivision. All approvals of final subdivision plats not recorded within ninety days as above
specified shall be void; provided, however, that the period herein specified for recording of the plat may be
extended by resolution of Council so long as the request for such extension is presented to Council in writing
prior to the expiration of the ninety-day period after the final approval of the plat.
(e) After all signatures have been affixed to the final plat, seven black line or blue line prints, one of
which is on mylar type material, shall be sent to the City Engineer.
(Ord. 90-44. Passed 9-4-90.)
1107.01
1107.02
CHAPTER 1107
Preliminary Plan
Contents of prints to be submitted.
Character of development determined by preliminary plan.
CROSS REFERENCES
Plat and contents - see Ohio R.C. 711.01 et seq.
Engineer to approve plats - see Ohio R.C. 711.08, 711.09
Plat approval by planning authority - see Ohio R.C. 711.09
1107.01 CONTENTS OF PRINTS TO BE SUBMITTED.
In seeking to subdivide land into building lots, or to dedicate streets or land for public use, or to
resubdivide land heretofore divided or platted into lots, sites or parcels, together with the dedication or
reservation of public or private streets, the owner shall submit seven prints, blue line or black line, and one
reproducible tracing on mylar type material, accurately drawn, which shall be on a scale of 100 feet to the
inch or larger scale and shall show:
(a) The location of present property lines, sections, Congressional Township Lines, U.S. Survey and
lines of incorporated areas, streets, buildings, watercourses, sinkholes, tree masses and other similar and
existing features within the area to be subdivided and similar facts regarding existing conditions on property
immediately adjacent thereto.
(b) The proposed location and dimensions of streets, alleys, lots, building lines and easements and the
approximate area of lots in square feet.
(c) The location and size of existing sanitary and storm sewers, water mains, culverts, streetlights and
other utilities and underground structures within the tract or immediately adjacent thereto.
(d) The name under which the proposed subdivision is to be recorded and the name of the subdivider
and of the registered engineer or registered surveyor platting the tract.
(e) The names and adjoining boundaries of all adjoining subdivisions and the names of the record
owners of adjoining parcels of unsubdivided land.
(f) North point, scale and date.
(g) A contour map, showing contour intervals of one foot for all subdivisions containing more than one
acre of land.
(h) The zoning district or districts that affect the property to be subdivided.
(Ord. 90-44. Passed 9-4-90.)
1107.02 CHARACTER OF DEVELOPMENT DETERMINED BY PRELIMINARY PLAN.
(a) The preliminary plan shall set forth the character and general details of the development and shall be
accompanied by plans and statements regarding the details of improvement such as grading, draining,
paving, sidewalks, streetlights, storm and sanitary sewers and water mains. The approval of the preliminary
plan does not constitute an acceptance of the subdivision, but merely authorizes the developer to proceed
with work upon the final plan. One copy of the approved preliminary plan, signed by the chairman of the
Commission and the Mayor, shall be retained in the office of the City Clerk. One signed copy shall be
given to the subdivider.
(b) Receipt of such signed copy is authorization for the subdivider to proceed with the preparation of
detailed plans and specifications for the minimum improvements required in Chapter 1113, and with the
preparation of the final plat. Prior to the construction of any improvements required in Chapter 1113 or to
the submission of any bond, the subdivider shall furnish Council all plans, information and data necessary for
such improvements. These plans shall be examined by Council and will be approved if in accordance with
the requirements of Chapter 1113. Following this approval, construction can be started or the amount of the
bond determined, as provided in Section 1113.02.
(Ord. 90-44. Passed 9-4-90.)
1109.01
1109.02
1109.03
1109.04
1109.05
1109.06
1109.07
1109.08
CHAPTER 1109
Minimum Design Standards
Relation to adjoining street system.
Street and alley widths.
Blocks and lots.
Easements.
Streams and surface watercourses.
Street names.
Improvements.
Erosion and sedimentation control.
CROSS REFERENCES
Lot numbering and revision - see Ohio R.C. 711.02, 711.06, 711.28 et seq.
Cornerstones and permanent markers - see Ohio R.C. 711.03, 711.14
1109.01 RELATION TO ADJOINING STREET SYSTEM.
The subdivider may be required to continue certain adjoining streets through the area being subdivided
when necessary to provide for local vehicular movement or to enable adjoining property to be properly
subdivided.
(Ord. 90-44. Passed 9-4-90.)
1109.02 STREET AND ALLEY WIDTHS.
(a) The width of major streets shall conform to the width designated on the major street plan as adopted
by the City and any subsequent amendments thereto.
(b) The minimum width of rights of way for two-family, multiple dwelling, commercial and industrial
developments shall be sixty feet.
(c) The minimum width of rights of way for single family developments shall be fifty feet. No new
private street, which must be approved by Council, shall be constructed closer than 100 feet to an existing
adjacent lot line. However, this requirement shall not apply to lot lines on the opposite side of any existing
public right of way.
(d) Whenever any subdivision or resubdivision provides lots in the interior of existing blocks, such lots
shall front upon, or have proper access to, a permanently dedicated street or place which connects with one
of the streets bounding the block. All such dead-end streets or places shall have adequate provision for the
turning of vehicles in the interior portions of the block. Such turning area shall be a circular drive having an
overall diameter of not less than 100 feet to the street lines.
(e) Whenever there exists a dedicated or platted portion of a street adjacent to the tract to be subdivided,
the other portion of the street shall be platted or dedicated to provide a minimum right of way of fifty feet for
single family developments, or sixty feet for two-family or multiple dwelling developments and twenty feet
for alleys.
(f) Off-street parking space shall be required adjacent to all business lots. Alleys, if provided, shall be
at least twenty feet wide. A ten-foot cut-off shall be made at all acute and right angle alley intersections.
Off-street parking space shall be provided in all developments in accordance with applicable provisions of the
Zoning Ordinance.
(g) Whenever the tract to be subdivided adjoins an existing public street which does not meet the
standard specifications of the City for public streets as shown in the Master Plan, the developers may be
required to alter and repair the existing street in accordance with such specifications.
(h) All street intersections shall be rounded to a minimum radius of twenty feet.
(Ord. 90-44. Passed 9-4-90.)
1109.03 BLOCKS AND LOTS.
(a) No block shall be longer than 750 feet between street lines unless approved by the Commission.
(b) Where a block over 750 feet in length is approved, the Commission may require a crosswalk near
the center of the block. The right of way for any such walks shall not be less than ten feet in width and such
walk space shall be improved with at least a four-foot wide walk.
(c) All side lines of lots shall be at right angles to straight street lines, or radial to curved street lines,
unless a variation to this rule will give a better street and lot plan. Lots with double frontage shall be
avoided.
(d) The minimum width of lots shall be in conformity with the requirements of the Zoning Ordinance of
the City.
(e) Corner lots shall have extra width to permit the maintenance of building lines on both front and side
streets, as may be required by the Zoning Ordinance.
(f) The minimum area of all lots shall conform to the area regulations of the zoning district in which the
subdivision is located.
(Ord. 90-44. Passed 9-4-90.)
1109.04 EASEMENTS.
Easements of not less than five feet in width shall be provided on each side of all rear lot lines and side
lines where necessary for wires, conduits, storm and sanitary sewers, gas, water and drainage ditches.
Easements of greater width may be required along lines or across lots where necessary for the extension of
main sewers and similar utilities.
(Ord. 90-44. Passed 9-4-90.)
1109.05 STREAMS AND SURFACE WATERCOURSES.
Detailed plans shall be submitted, showing the location of all streams and surface watercourses affecting
the proposed subdivision, together with the improvements of such streams and surface watercourses, which
may be necessary, such as widening, straightening, surfacing and other improvements of such channels.
(Ord. 90-44. Passed 9-4-90.)
1109.06 STREET NAMES.
Streets that are obviously in alignment with others already existing and named shall bear the names of the
existing streets. Before the final plat for the subdivision is approved, the subdivider shall submit a statement
from the Columbus Postmaster approving the names of the proposed streets.
(Ord. 90-44. Passed 9-4-90.)
1109.07 IMPROVEMENTS.
The design of all improvements, including grades of streets, type of pavement, drainage, sidewalks,
sanitary sewers, storm sewers, water distribution facilities and street lighting facilities shall conform to the
requirements of the Director of Building & Zoning in consultation with the City Engineer, including but not
limited to standards set forth in the City of Columbus, Ohio Construction & Materials Specifications dated
October 1, 2002 (or as amended), City of Columbus Standard Drawings dated 2007 (or as amended), City of
Columbus Building Standards, City of Grandview Heights Stormwater Design Manual, and such other
standards as may from time to time be promulgated or updated by the City of Columbus. (Ord. 2009-04.
Passed 2-16-09.)
1109.08 EROSION AND SEDIMENTATION CONTROL.
(a) Measures shall be taken to minimize erosion and its impact during construction activity. Prior to
construction, a copy of the Notice of Intent (NOI) to use the Ohio Environmental Protection Agency' s
General Construction Permit, as well as the storm water pollution prevention plan (SWP3) prepared as part
of the NOI, shall be submitted with the improvement plans for review by the Municipality. All erosion
control devices shall be in place at the start of construction and maintained by the developer at all times, and
other measures implemented according to the approved time schedule. Such erosion control devices,
techniques and other measures shall not be removed and/or disturbed until earth disturbing activities on the
site have been concluded.
(b) Erosion control plans shall be based upon controlling erosion onsite, with the object of eliminating
or minimizing erosion or sedimentation impacts off-site. Erosion and sedimentation control plans shall be
approved by the Municipal Engineer.
(c) Erosion and sedimentation control techniques will be inspected by the Municipality to ensure
compliance with the OEPA General Construction Permit. The cost for this inspection will be included in the
retainer for inspection supervision. Failure to maintain the erosion and sedimentation control measures as
approved by the Municipality is a violation of the Grandview Heights Planning and Zoning Code, Part 11,
Title One Subdivision Regulations. (Ord. 2009-04. Passed 2-16-09.)
CHAPTER 1111
Final Plat
1111.01
1111.02
1111.03
1111.04
Bond requirements.
Scale.
Contents of final plat.
Plat approval.
CROSS REFERENCES
Plat approval by planning authority - see Ohio R.C. 711.09
Planning authority approval without plat - see Ohio R.C. 711.131
Subdividing by an instrument of conveyance - see Ohio R.C. 711.40
1111.01 BOND REQUIREMENTS.
The final plat in ink on mylar material and six black line or blue line prints thereof, together with copies
of deed restrictions and two copies of certified plans showing the improvements that are to be constructed
within the subdivision and a bond assuring construction of such improvements in accordance with plans
previously approved, shall be submitted to the Planning Commission.
(Ord. 90-44. Passed 9-4-90.)
1111.02 SCALE.
The final plat shall be drawn at a scale of 110 feet or less to the inch from an accurate survey and on one
or more sheets whose maximum dimensions are twenty-four inches by thirty-six inches. In certain unusual
instances where the subdivided area is of unusual size or shape, the Planning Commission may permit a
variation in the scale or size of the final plat.
(Ord. 90-44. Passed 9-4-90.)
1111.03 CONTENTS OF FINAL PLAT.
The final plat shall show the following:
(a) The boundaries of the property with accurate distances and bearings and the lines and extent of all
proposed streets and alleys with their widths and names and any other areas intended to be dedicated to
public use.
(b) The lines of adjoining streets and alleys, with their widths and names.
(c) All lot lines and easements with figures showing their dimensions.
(d) All dimensions, both linear and angular, necessary for locating boundaries of the subdivided area,
including lots, streets, alleys, easements and building line setbacks and any other similar public or private
areas. The linear dimensions shall be expressed in feet and decimals of a foot.
(e) Radii, arcs, points of tangency, central angles for all curvilinear streets and radii for all rounded
corners.
(f) All lot lines and an identification system for all lots and blocks.
(g) The accurate outline of any property which is offered for dedication for public use.
(h) All survey monuments and bench marks together with their descriptions.
(i) Title and description of property subdivided, showing its location and extent, point of compass, scale
of plan, and name of subdivider and certificate of registered land surveyor that the plan represents a survey
made by him and that the results of such survey are correctly shown thereon.
(j) Any private restrictions shall be shown on the plat or reference made to them thereon, and plats shall
contain proper acknowledgments of owners and holders of mortgages accepting such platting and restrictions.
(k) A certificate shall accompany the final plat showing that all taxes due have been previously paid and
a certificate of title or photocopy thereof shall be submitted for inspection.
(Ord. 90-44. Passed 9-4-90.)
1111.04 PLAT APPROVAL.
If the Planning Commission disapproves the plat, it shall transmit its reasons therefor to Council which
may then approve the plat only by a five-sevenths vote of its membership.
(Ord. 90-44. Passed 9-4-90.)
CHAPTER 1113
Improvements
1113.01
1113.02
1113.03
Standards for improvements.
Requirements with respect to completion.
Engineer's approval required.
CROSS REFERENCES
Cornerstones and permanent markers - see Ohio R.C. 711.03, 711.14
Inspection of streets and acceptance - see Ohio R.C. 711.09
Minimum lot area - see Ohio R.C. 711.09
1113.01 STANDARDS FOR IMPROVEMENTS.
Before Council will officially accept any improvements in a subdivision and become responsible for their
maintenance, supervision and repair, such improvements shall be constructed to the following standards and
Council shall have received a certificate from the City Engineer that the improvements conform to the
following standards:
(a) Street improvements shall conform to the Construction and Material Specifications of the City in
effect at the time the improvements are made. All streets shown on the plat shall be for the full width of the
right of way to grades and proper drainage facilities approved by the City Engineer, and such streets shall be
paved to a minimum width of twenty-eight feet back to back of curbs, with a concrete pavement six inches
thick with integral curbs or a water-bound macadam base eight inches thick with separate concrete curbs and
gutters and two asphaltic concrete surface courses each one and one-half inches in thickness. The above
widths and types of pavement are minimum requirements for fifty-foot rights of way and may be increased if
Council decides wider pavements and increased thicknesses are necessary.
(b) Monuments shall be placed at angle points, points of curves in streets and at such points as shall be
required by the City Engineer or at related points approved by the City Engineer. Monuments shall be of
such material, size and length as may be approved by the City Engineer.
(c) Water distribution facilities shall be constructed in accordance with the Construction and Material
Specifications of the City in effect at the time of construction.
(d) Sidewalks may be required by Council. Such walks shall be at least four feet wide and shall
conform to the Construction and Material Specifications of the City in effect at the time of construction.
(e) Street lighting facilities shall be installed in accordance with the Construction and Material
Specifications of the City in effect at the time of construction.
(f) Storm and sanitary sewer facilities shall be constructed in accordance with the City of Grandview
Heights Stormwater Design Manual and the Construction and Material Specifications of the City in effect at
the time of construction.
(Ord. 2009-04. Passed 2-16-09.)
1113.02 REQUIREMENTS WITH RESPECT TO COMPLETION.
Before the final plat of any subdivided area is approved and recorded, the subdivider shall make and
install the improvements described in this section. In lieu of final completion of the plat which is finally
approved, the subdivider may post a bond or escrow agreement, approved by the City Attorney and Finance
Director, with the City, which bond or escrow agreement will insure to the City that the improvements will
be completed by the subdivider within two years after the final approval of the plat. The amount of the bond
shall not be less than the estimated cost of the improvements and the amount of the estimate must be
approved by the City Engineer. If the improvements are not completed within the specified time, Council
may use the bond or any necessary portion thereof to complete the same.
(Ord. 90-44. Passed 9-4-90.)
1113.03 ENGINEER'S APPROVAL REQUIRED.
Detailed plans and specifications for all improvements shall be submitted to the City Engineer and shall
meet his approval before any construction shall proceed. Such plans shall be prepared by an engineer
licensed in the State. The City shall maintain a competent inspector on the job when improvements are
being constructed. The cost of the services of the City Engineer in review and approval of detailed plans
and specifications and the cost of inspection shall be reimbursed to the City by the developer.
(Ord. 90-44. Passed 9-4-90.)
CHAPTER 1115
Variances and Exceptions
1115.01
Terms may be varied.
CROSS REFERENCES
Council to hold public hearing on general platting rules and regulations - see Ohio R.C.
711.101
Amendments - see P. & Z. Ch. 1119
1115.01 TERMS MAY BE VARIED.
Whenever the strict enforcement of these Subdivision Regulations would entail unusual, real and
substantial difficulties or hardships, the Planning Commission may recommend and Council may vary or
modify the terms in such a way that the subdivider is allowed to plan and develop his property, record a plat
of same and make necessary improvements without unjust difficulties and expenses, if at the same time the
public welfare and interests of the Municipality are fully protected and the general intent and spirit of these
Regulations preserved.
(Ord. 90-44. Passed 9-4-90.)
CHAPTER 1117
Enforcement and Penalty
1117.01
1117.02
1117.03
1117.99
Plat approval required.
Restriction on issuance of building or repair permits.
Restriction on public improvement.
Penalty.
CROSS REFERENCES
Violations of rules and regulations - see Ohio R.C. 711.102
Unlawful transfer of lots - see Ohio R.C. 711.13, 711.15
1117.01 PLAT APPROVAL REQUIRED.
No plat of any subdivision shall be entitled to be recorded in the County Recorder' s office or have any
validity until it is approved in the manner prescribed herein, and by ordinance of Council.
(Ord. 90-44. Passed 9-4-90.)
1117.02 RESTRICTION ON ISSUANCE OF BUILDING OR REPAIR PERMITS.
No building or repair permits shall be issued for any structure located on a lot in any subdivision the plat
of which has been prepared after the date of the adoption of these Subdivision Regulations but which has not
been approved in accordance with the provisions contained herein.
(Ord. 90-44. Passed 9-4-90.)
1117.03 RESTRICTION ON PUBLIC IMPROVEMENT.
Council shall not permit any public improvements over which it has any control to be made or any money
expended for improvements in any area that has been subdivided or upon any street that has been platted
after the date of the adoption of these Regulations unless such subdivision or street has been approved in
accordance with the provisions contained herein.
(Ord. 90-44. Passed 9-4-90.)
1117.99 PENALTY.
(a) Any person who sells or attempts to sell a lot by metes and bounds in violation of these Regulations
shall be deemed guilty of a minor misdemeanor and shall be fined not more than one hundred dollars
($100.00). Upon conviction of a subsequent violation of the same provision within one year when the same
is so specified in the complaint, such person shall be guilty of a misdemeanor of the third degree and fined
not more than five hundred dollars ($500.00) or imprisoned in the County Jail or Workhouse for a period not
to exceed sixty days or both.
(b) Any person, firm or corporation who violates or fails to comply with, or who permits or causes any
person in his employ to violate or fail to comply with any of the provisions of these Regulations or any
amendment or supplement thereto, shall be deemed guilty of a minor misdemeanor and shall be fined not
more than one hundred dollars ($100.00). Upon conviction of a subsequent violation of the same provision
within one year when the same is so specified in the complaint, such person shall be guilty of a misdemeanor
of the third degree and fined not more than five hundred dollars ($500.00) or imprisoned in the County Jail
or Workhouse for a period not to exceed sixty days or both.
(Ord. 90-44. Passed 9-4-90.)
1119.01
CHAPTER 1119
Amendments
Amendments subject to study and report by Planning Commission.
CROSS REFERENCES
Public hearings required - see Ohio R.C. 711.101
Variations and exceptions - see P. & Z. Ch. 1115
1119.01 AMENDMENTS SUBJECT TO STUDY AND REPORT BY PLANNING
COMMISSION.
Any provisions of these Subdivision Regulations may be changed and amended from time to time by
Council; provided, however, that such changes or amendments shall not become effective until after study
and report by the Planning Commission.
(Ord. 90-44. Passed 9-4-90.)
TITLE THREE - Zoning Administration
Chap. 1131.
Title; Intent and Purpose.
Chap. 1133.
Definitions.
Chap. 1135.
Chap. 1137.
Permits; Certificates of Occupancy.
Chap. 1139.
Chap. 1141. Planning Commission.
Chap. 1143.
Amendments.
Chap. 1145. I nterpretation and Conflict.
CHAPTER 1131
Title; Intent and Purpose
1131.01
1131.02
Title.
Intent and purpose.
CROSS REFERENCES
Enforcement and penalty - see P. & Z. Ch. 1135
Interpretation and conflict - see P. & Z. Ch. 1145
1131.01 TITLE.
The provisions of Titles Three and Five of this Part Eleven - Planning and Zoning Code shall be known
and may be cited and referred to as the "Zoning Ordinance of the City of Grandview Heights, Ohio".
(Ord. 90-44. Passed 9-4-90.)
1131.02 INTENT AND PURPOSE.
(a) It is the intent of this Zoning Ordinance to preserve, protect and enhance existing development and
use of land in the City and to facilitate and encourage sound and orderly new development, in appropriate
locations compatible with existing development and beneficial to the City, in the interest of the public health,
safety, convenience, comfort, prosperity and general welfare. It is the further intent to divide the
incorporated area of the City into zoning districts and to regulate the use and development of land in each
district, and in all districts, according to sound principles of community and land use planning. It is
intended that regulations be uniform and fair to each class or type of structure or land, while allowing
flexibility for unique conditions and innovative development.
(b) Need for public service and facilities in both size and location depends upon the character and
intensity of land use. Regulation of the use of land is thus fundamental to a coordinated optimum physical
development of the community. The land use regulations are intended to be the foundation of the entire
process of improvement of the physical environment.
(c)
The land use regulations divide the area into a number of zoning districts.
(1) In the past, residential neighborhoods have deteriorated because they were invaded by small
isolated commercial uses and by more intensive residential uses such as duplexes or apartment buildings.
The great majority of our population desires to, and does live in single-family homes which they own. The
regulations establish residential districts particularly designed to provide maximum protection for
single-family homes.
(2) Other residential districts are established for two-family homes and for apartments. Density,
yard and parking regulations help provide good living conditions in these areas. Much of the present-day
building is by large projects, instead of lot by lot. The regulations provide for "large scale development,"
two acres or more, which may be located in any residential district with approval of the site plan and with
conformity of the plan to the overall density standards of the district. This introduces an important measure
of flexibility into the regulations.
(3) Commercial districts recognize the different types of commercial areas that will be needed by the
future growth of the community. There is a zoning district for the neighborhood commercial area, for
example, the grocery store - drugstore complex serving the adjacent residential neighborhoods.
(4) For industry, there is a general district suited to the needs of the City and to manufacturing
establishments located or subject to location therein.
(5) The regulations emphasize character as well as location and density of the land uses. Special
inducements are offered for good design of apartment areas. Landscape planting is required in all front
yards and for automobile filling stations, parking lots and garages. Advertising is carefully controlled.
(6) The regulations are reasonable in relation to existing conditions. Yard dimensions are adjusted
to peculiarities of existing lots. Lots that are now too small may be used. Nonconforming uses are
permitted to continue for adequate time periods.
(7) All uses are required to provide their own off-street parking, with a few exceptions. Over a
period of years, enforcement of this requirement will enable streets to be used primarily for traffic
movement.
(8) Each of the regulations has been designed to work harmoniously with the others, with the total
providing that minimum degree of land use control essential to the realization of the optimum urban
environment.
(Ord. 90-44. Passed 9-4-90.)
CHAPTER 1133
Definitions
1133.01
1133.02
Interpretation of language.
Definitions.
CROSS REFERENCES
General Code definitions - see ADM. 101.02
Subdivision Regulations definitions - see P. & Z. Ch. 1103
1133.01 INTERPRETATION OF LANGUAGE.
For the purpose of the Zoning Ordinance, certain terms are hereby defined. Words used in the present
tense shall include the future; the singular number shall include the plural and the plural the singular; the
word "building" shall include the words "structure" and "premises"; the word "shall" is mandatory and not
directory; the words "used" or "occupied" include the words "intended", "designed" or "arranged to be used
or occupied"; the word "lot" includes the words "plot" or "parcel"; and the word "person" includes a firm,
association, organization, partnership, trust, company or corporation as well as an individual. Any word not
herein defined shall be as defined in any recognized standard English dictionary.
(Ord. 90-44. Passed 9-4-90.)
1133.02 DEFINITIONS.
(1) “Accessory structure” means a subordinate, uninhabitable structure, the use of which is incidental to
and customary in connection with the principal building or use and which is located on the same lot with such
principal building or use, including but not limited to garages, swimming pools, hot tubs, permanent
playground and sports equipment, and permanent sculptures (secured to a base installed with below-grade
footers).
(Ord. 2012-01. Passed 1-17-12.)
(2) "Accessory use" means a subordinate use which is incidental to and customary in connection with
the principal building or use and which is located on the same lot with such principal building or use.
(3) "Adult bookstore" means an establishment which derives twenty-five percent (25%) or more of its
gross income from the sale and rental of, or utilizes its retail selling area for the display of, or both, books,
magazines, other periodicals, films, tapes and cassettes, which materials have as their major or dominant
theme matter depicting, describing or relating to specified sexual activities or specified anatomical areas as
defined hereafter.
(4) "Adult motion picture theater" means an enclosed motion picture theater or motion picture drive-in
theater which derives twenty-five percent (25%) or more of its gross income from the showing of, or utilizes
twenty-five percent (25%) or more of its total viewing time for the presentation of, or both, materials for
observation by its patrons which have as their major theme matter depicting, describing or relating to
specified sexual activities or specified anatomical areas as defined hereafter.
(5) "Alley" means a public or private thoroughfare which affords only a secondary means of access to
abutting property.
(6) "Administrative business operations" means offices primarily engaged in general administration,
supervision, accounting and other management functions. Business offices carrying no retail trade with the
general public and having no stock or goods maintained for sale to customers (i.e. insurance offices, banks,
stock and security brokers, credit institutions.)
(7) "Apartment." See "dwelling unit."
(8) "Approved" means approved by the Board of Zoning Appeals.
(9) "Automobile service station" means any land, building, structure or premises used for the sale at
retail of motor vehicle fuels, oils or accessories, or for servicing or lubricating motor vehicles, or installing
or repairing parts and accessories, but not including the repairing or replacing of motors, bodies or fenders
of motor vehicles or the painting of motor vehicles. Nor shall the use include the parking or storing of
house vehicles, house trailers, travel trailers, camping trailers, truck campers, motor homes, watercraft or
any other type of recreational vehicle longer than is necessary to service or repair such vehicle.
(10) "Awning" means any framework that is supported solely by the structure, with an overall covering
with or without graphics, positioned over a door or window.
(11) "Basement" means a story having part but not more than fifty percent (50%) of its height below
grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for
dwelling purposes other than by a janitor employed on the premises.
(12) "Board" means the Board of Zoning Appeals.
(13) Reserved.
(14) "Building" means any structure having a roof supported by columns or walls and intended for the
shelter, housing, or enclosure of persons, animals, chattels or property.
(15) "Building, height of" means the vertical distance from the grade to the highest point of a flat roof;
the deck line of a mansard roof; or the average heights between eaves and ridge for gable, hip, and gambrel
roofs.
(16) "Buildable width" means the width of the lot left to be built upon after the side yards are provided.
(Ord. 90-44. Passed 9-4-90.)
(16.1) “Business, Town Center” means commercial land uses which contribute to the unique historical
significance of Grandview and First Avenues. Businesses in this area shall be oriented to the neighborhood
and pedestrians. The commercial establishments shall serve the personal, family and household needs of
residents and can be located in close proximity to residential areas.
(16.2) “Business, general” means commercial uses which tend, in addition to serving the day to day
needs of the community, to also supply the more durable and permanent needs of the whole community.
(16.3) “Business, wholesale” means establishments that generally sell commodities in large quantities or
by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These
commodities are basically for further resale or for use in the fabrication of a product.
(Ord. 98-13. Passed 9-8-98.)
(17) "Canopy" means any framework that is attached to the structure at the inner end and supported by
one or more stanchions at the outer end, with an overall covering with or without graphics, used for shelter
from the elements.
(18) "Cellar" means that part of a building having more than fifty percent (50%) of its height below the
average grade of the adjoining ground.
(19) "City" means the City of Grandview Heights, Ohio.
(20) "Clinic" means an establishment where patients are not lodged overnight, but are admitted for
examination and treatment by a group of physicians or dentists practicing medicine together.
(Ord. 90-44. Passed 9-4-90.)
(21) "Club" means the buildings and facilities owned or operated by a corporation, association, or
person for a social, educational or recreational purpose.
(Ord. 98-13. Passed 9-8-98.)
(22) "Commercial use" means activity carried out for pecuniary gain.
(23) "Commission" means the Planning Commission of the City of Grandview Heights, Ohio.
(Ord. 90-44. Passed 9-4-90.)
(24) "Conditional use" means a use permitted within a zoning district but requiring review and approval
by the Planning Commission for compatibility with the intent of the district, appropriate location within the
district and any additional requirements necessary to ensure compatibility. (Ord. 98-13. Passed 9-8-98.)
(25) "Council" means the Council of the City of Grandview Heights, Ohio.
(26) "Court" means an open space more than one-half surrounded by buildings.
(27) "Day nursery" means a school designed to provide daytime care or instruction between 6:00 a.m.
and 6:00 p.m. for four or more children from two to five years of age inclusive, and operated on a regular
basis.
(28) "Director of Building and Zoning" means the Director of Building and Zoning of the City of
Grandview Heights, Ohio.
(29) "District" means a part of the City wherein regulations of the Zoning Ordinance are uniform.
(30) "Drive-in facility" means any place or premises used for sale or services to persons remaining in
their automobiles, including those establishments where customers may serve themselves and may consume
the food or beverages in their automobiles.
(31) "Dwelling" means any building or portion thereof which is designed and used exclusively for
residential purposes with permanent provisions for sleeping, cooking and sanitation.
(32) "Dwelling, single-family" means a building arranged or designed for or occupied exclusively by
one family.
(33) "Dwelling, two-family" means a dwelling arranged or designed for or occupied exclusively by two
families, the structure having only two dwelling units with separate entrances.
(34) "Dwelling, multiple" means a dwelling arranged or designed for or occupied exclusively by three
or more families.
(35) "Dwelling, townhouse" means a dwelling that has one-family dwelling units erected in a row as a
single building, on adjoining lots, each being separated from the adjoining unit or units by a masonry party
wall or walls extending from the basement floor to the roof along the dividing lot line, and each such
building being separated from any other building by space on all sides.
(36) "Dwelling unit" means one or more rooms in a dwelling occupied or intended to be occupied as
separate living quarters by a single family as defined herein.
(Ord. 90-44. Passed 9-4-90.)
(36.5) “Driveway” means a path for motor vehicles constructed of pervious or impervious material
leading from a public street or alley to a garage or parking space.
(Ord. 94-24. Passed 8-1-94.)
(37) "Engineer, City" means the City Engineer of Grandview Heights, Ohio.
(38) "Family" means one or more persons related by blood, marriage or adoption occupying a dwelling
unit as an individual housekeeping organization. A "family" may not include more than two persons not
related by blood, marriage or adoption.
(39) "Fence" means a structure for enclosure or screening.
(40) "Fitness Center" means a facility designed for the major purpose of physical fitness or exercise,
and which includes, but is not limited to such equipment as weight resistance machines, whirlpools, saunas,
showers, and lockers.
(41) "Floor area" means the square feet of floor space within the outside line of walls and includes the
total of all space on all floors of a building. It does not include porches, garages or space in a basement or
cellar when such basement or cellar space is used for a storage or incidental uses.
(42) "Floor area, gross" means the sum of the gross horizontal areas of the several floors of a building
measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings,
but not including interior parking spaces, loading space for motor vehicles or any space where
floor-to-ceiling height is less than six feet.
(43) "Floor area, net" means the total of all floor areas of a building excluding stairwells and elevator
shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor,
except when used or intended to be used for human habitation or service to the public.
(44) "Floor area ratio" means the floor area of the building divided by the area of the lot.
(45) "Fraternal organization" means a group of people formally organized for a common interest,
usually culture, religion or entertainment, with regular meetings, rituals and formal written membership
requirements.
(46) "Frontage" means all the property on one side of a street or highway, between two intersecting
streets, crossing or terminating, or for a distance of 400 feet on either side of a proposed building or
structure, measured along the line of the street, or if the street is dead-ended, all of the property abutting on
one side between an intersecting street and the dead end of the street, but not including property more than
400 feet distant on either side of a proposed building or structure.
(47) "Garage, private" means a detached accessory structure or portion of a main building housing the
automobiles of the occupants of the premises. A commercial vehicle of two tons or less may be parked in
the garage. Only a garage sharing a common footing with the main building is considered attached for
purposes of this Zoning Ordinance.
(48) "Garage, public" means a building or portion thereof, other than a private or storage garage,
designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor vehicles. The
term "repairing" shall not include an automotive body repair shop nor the rebuilding, dismantling or storage
of wrecked or junked vehicles.
(49) "Garage, storage" means any building or premises, used for housing only motor vehicles, other
than trucks and commercial vehicles.
(50) "Grade" means the average level of the finished surface of the ground adjacent to the exterior walls
of the building.
(51) "Greenhouse" means a building whose roof and sides are made largely of glass or other transparent
or translucent material and in which the temperature and humidity can be regulated for the cultivation of
delicate or out-of-season plants for subsequent sale or for personal enjoyment. (Ord. 90-44. Passed
9-4-90.)
(52) "Home occupation" means any activity conducted within a residential district for profit. (Ord.
94-34. Passed 12-5-94.)
(53) "Hotel" means any structure consisting of one or more buildings with five (5) or more guest rooms
kept, used, maintained or held out to the public as sleeping accommodations offered for pay to transient
guests for a period of thirty (30) days or less and in which access to each guestroom is provided by interior
hallways.
(54) "Institution" means a nonprofit establishment for public use.
(55) "Kennel" means an establishment where animals are boarded for compensation or where dogs are
bred or raised on a commercial scale.
(56) "Landscaped area" means an area that is permanently devoted and maintained to the growing of
shrubbery, grass and other plant material. (Ord. 90-44. Passed 9-4-90.)
(57) “Light recyclable material” means reusable glass, plastics and other synthetic materials, paper
products such as newspapers, stationary, scrap paper, computer paper and corrugated cardboard and
aluminum. (Ord. 96-09. Passed 4-1-96.)
(58) "Loading space" means a space within the main building or on the same lot for the standing,
loading or unloading of trucks, having a minimum area of 600 square feet, a minimum width of twelve feet,
a minimum depth of fifty feet and a vertical clearance of at least fifteen feet.
(59) "Lot" means a parcel of land occupied or intended for occupancy by a use permitted in this Zoning
Ordinance, including any permitted building together with required yards and parking spaces, having its
principal frontage upon a street or an approved private street. A lot may include a single lot of record, a
portion of a lot of record or a combination of these, provided that in no case shall any residential lot or
parcel be created which does not meet the requirements of this Zoning Ordinance.
(60) "Lot, corner" means a lot located at the intersection of two or more streets, as well as a lot
abutting on a curved street if straight lines drawn from the foremost points of the lot lines to the foremost
point of the lot meet at an interior angle of less than 135 degrees. The front of a corner lot shall be
determined on the basis of an established street address, but it maybe determined otherwise by the Board of
Zoning Appeals in unusual circumstances.
(Ord. 2009-06. Passed 4-6-09.)
(61) “Lot coverage” means the ratio of enclosed ground floor area of all buildings on a lot plus the
ground area of all required off-street parking and loading spaces, patios, sports courts and any other
impervious surface, exclusive of a code-compliant driveway, to the horizontally projected area of the lot,
expressed as a percentage of the total lot surface; provided, however, that any area determined by the
Director of Building and Zoning to be a pervious surface that does not increase storm water runoff will be
exempted.
(Ord. 2011-13. Passed 7-18-11.)
(62) "Lot, depth" means the average horizontal distance between front and rear lot lines.
(Ord. 2009-06. Passed 4-6-09.)
(63) "Lot, interior" means a lot other than a corner lot.
(64) "Lot, double frontage" means a lot having a frontage on two nonintersecting roads as distinguished
from a corner lot.
(65) "Lot, through" means a lot which fronts upon two parallel streets or which fronts upon two streets
which do not intersect at the boundaries of the lot.
(66) "Lot, width" means the average horizontal distance between side lot lines.
(67) "Lot of record" means a lot or parcel of land the plat or deed of which has been recorded in the
offices of the County Recorder.
(68) "Manufacturer" means establishments engaged in the mechanical or chemical transformation of
materials or substances into new products including the assembling of component parts, the manufacturing of
products and the blending of materials such as lubricating oils, plastic resins or liquors.
(69) Reserved.
(70) Reserved.
(71) Reserved.
(72) "Nonconforming use" means the lawful use of building and/or land that antedates the adoption of
the Zoning Ordinance and which use does not conform with the use regulations of the district in which it is
located.
(Ord. 90-44. Passed 9-4-90.)
(72.5) "Nuisance" means any continuous, unlawful, or unreasonable interference with the peaceful
enjoyment of property rights, either public or private, by violation of the right to a clean comfortable
environment or interference with the public health, safety or welfare.
(Ord. 91-21. Passed 7-1-91.)
(73) "Office building" means a building used primarily for conducting the affairs of a business,
profession, service, industry or government.
(74) "Office building, medical" means a building in which twenty percent (20%) or more of the gross
area is occupied by members of the healing profession, including the offices of physicians, dentists and other
health practitioners, medical and dental laboratories, out-patient care facilities, blood banks and oxygen and
miscellaneous types of medical supplies and services.
(75) "Open area" means that part of a lot on which no part of a building or structure extends above the
following elevations:
(a) Two feet above the highest curb elevation of the street or streets that bound the lot;
(b) One foot above the adjacent curb elevation for each one and one-fourth foot the building or
structure is set back from the street lot line except that no portion of the structure shall exceed twelve feet
above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend
more than four feet above the adjacent curb elevation.
(75.5) "Overlay District" means a mapped zoning area with special characteristics overlaying another
zoning area with restrictions beyond those in the underlying zone. In cases where there is a conflict between
the requirements of the overlay district and the underlying zone, the overlay restrictions apply.
(Ord. 92-04. Passed 2-3-92.)
(76) "Parking lot" means a surfaced area designed to accommodate one or more parking spaces.
(Ord. 90-44. Passed 9-4-90.)'
(77) "Parking space" means a surfaced area, enclosed or unenclosed, sufficient in size to store one
motor vehicle, not less than nine feet wide and twenty feet long, connected to a street or alley directly or by
a driveway and permitting ingress and egress of such motor vehicle to the street or alley without the necessity
of moving any other motor vehicle.
(Ord. 94-24. Passed 8-1-94.)
(78) "Planned Unit Residential Development (PURD)" means an area of a minimum contiguous size, as
specified by ordinance, to be planned and developed as a single entity and containing one or more residential
clusters.
(79) "Porch" means a roofed structure projecting from a building and separated from the building by
the walls of the building, and partially supported by piers, posts or columns, and which is open, enclosed or
partially enclosed. An enclosed porch is defined as: a porch enclosed by screens or transparent glass in
which the construction is such that outside light is free to circulate throughout the entire space (i.e. no
dividing walls, closets, etc.). The side and front walls of the porch above three feet in height from the floor
of such porch shall be a minimum of eighty percent (80%) transparent glass or screen. The exterior facade
of the house shall be maintained on the wall separating the porch from the main building. Approved exterior
materials must be used for finish and electrical. No plumbing, heating, ventilation or air conditioning shall
be installed on the porch.
(80) "Premises" means a lot together with all buildings and structures thereon.
(81) "Professional offices" means offices and related spaces for professional services as provided by
doctors, lawyers, architects, engineers, designers and similar professions.
(82) "Recreational facility, private" means a recreational facility operated by a nonprofit organization,
and open only to bona fide members and guests of such a nonprofit organization.
(83) "Recreational facility, public" means a recreational facility operated by a governmental agency and
open to the general public.
(84) "Recreational vehicle" means a house trailer, travel trailer, camping trailer, truck camper, motor
home or any other self-propelled or nonself-propelled vehicle so designed, constructed, reconstructed or
added to by means of accessories in such manner as will permit the use and occupancy thereof for human
habitation, whether connected or not to utilities, whether resting on wheels, jacks or other temporary
foundation and used or constructed so as to permit its being used as a conveyance upon the public streets or
highways.
(Ord. 90-44. Passed 9-4-90.)
(84.1) “Recycling collection center” means a recycling collection facility in a building for the
acceptance by donation, redemption or purchase of light recyclable materials. Such a facility may allow
limited compacting or crushing of recyclable materials.
(84.2) “Recycling drop-off station” means a facility consisting of reverse vending machines or
unattended weather resistant containers that are provided for the collection of light recyclable materials.
Any such recyclable material collected shall be of a size permitting it to be placed completely inside an
enclosed reverse vending machine, weather resistant container or trailer so that said materials are not
exposed to the elements. Such a facility may be established in conjunction with and accessory to an existing
commercial or industrial use.
(84.3) “Recycling processing center” means a facility that accepts, stores or processes light recyclable
materials whether or not maintained in connection with another business. Processing includes but is not
limited to baling, briquetting, crushing, compacting, grinding, shredding, sawing, shearing, and sorting of
recyclable materials and the heat reduction or melting of such materials.
(Ord. 96-09. Passed 4-1-96.)
(85) "Repair" means the replacement of existing work with equivalent materials for the purpose of its
maintenance, but not including additional work that would affect required exit facilities, or a vital element of
an elevator, plumbing, gas piping, wiring, ventilating or heating installation, or any work that would be in
violation of a provision of the Zoning Ordinance or any other law governing building construction.
(86) "Residential custodial care facility (nursing home)" means a home for the aged or infirm in which
three or more persons not of the immediate family are received, kept or provided with food and shelter or
care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the
diagnosis and treatment of the sick or injured.
(86.1) “Reverse vending machine” means an automated mechanical device which accepts one or more
types of light recyclable materials and issues a cash refund or a redeemable credit slip. A reverse vending
machine may sort and process containers mechanically, provided that the entire process is enclosed within
the machine.
(Ord. 96-09. Passed 4-1-96.)
(87) "Satellite earth stations" means an antenna of any size, shape or description designed for the
purpose of receiving microwave transmissions directly or indirectly from satellites and all equipment related
to the reception of such transmissions.
(88) "School" means any building or part thereof which is designed, constructed or used for education
or instruction in any branch of knowledge.
(89) "School, elementary" means any school licensed by the State and which meets the State
requirements for elementary education.
(90) "School, private" means any building or group of buildings the use of which meets State
requirements for primary, secondary or higher education and which does not secure the major part of its
funding from any governmental agency.
(91)
"School, secondary" means any school licensed by the State and which is authorized to award
diplomas for secondary education.
(92) "Services" means establishments primarily engaged in providing services for individuals,
businesses and government establishments and other organizations; including health, legal, engineering and
other professional services; educational institutions; membership organizations and other miscellaneous
services.
(93)
Reserved.
(94)
Reserved.
(95) "Sign" means an identification, description, illustration or device which is affixed to, or
represented directly or indirectly upon a building, structure or land, and which directs attention to a product,
place, activity, person, institution or business.
(Ord. 90-44. Passed 9-4-90.)
(96) "Sign, political" means a sign having reference to a public official, candidate, question or issue.
(Ord. 94-33. Passed 10-3-94.)
(97) "Sign, ground" means any sign erected, constructed or maintained for the purpose of displaying
outdoor advertising by means of posters, pictures, pictorial and reading matter. It is a free-standing sign
which has a supporting base designed as an integral part of the sign and resting totally or primarily on the
ground.
(98) "Sign, roof" means any sign erected, constructed or maintained upon the roof of any building.
(Ord. 90-44. Passed 9-4-90.)
(99) “Sign, wall” means any sign or poster on any surface or plane that may be affixed to the front,
side or rear wall of any building or structure.
(Ord. 01-10. Passed 6-4-01.)
(100) "Sign, post" means any letter, word, model sign, device or representation used in the nature of an
advertisement or announcement not attached to a building and which is supported by a single stationary pole
or post.
(101) "Sign, marquee" means any sign affixed to a marquee over the entrance to a building and
supported from the building.
(102) "Sign, area" means the total area of the space to be used for advertising purposes, including the
spaces between open-type letters and figures, including the background structure, other decoration or
addition which is an integral part of the sign. Sign supports shall be excluded in determining the area sign.
(103) "Sign, advertising device" means banners affixed on poles, wires or ropes, and streamers, wind
operated devices, flashing lights and other similar devices.
(104) "Sign, awning" means any framework that is supported solely by the structure with an overall
covering with graphics positioned over a door or window.
(105) "Sign, canopy" means any framework that is attached to the structure at the inner end and
supported by one or more stanchions at the outer end with an overall covering with graphics, used for shelter
from the elements.
(106) "Sign, billboard" means a sign which is primarily intended to direct attention to a specific
business, product, service, entertainment or any other activity sold, offered or conducted elsewhere than
upon the same lot or premises on which the sign is located and which may contain noncommercial messages.
(107) "Sign, bulletin board" means a sign which is primarily intended to announce or direct attention to
and is located on the lot or premises of a public or semipublic institution and which may contain
noncommercial messages.
(108) "Sign, window" means a sign painted, attached or affixed to the interior or exterior surface of
windows or doors of a building.
(109)
"Attorney, City" means the City Attorney of Grandview Heights, Ohio.
(110) "Specified anatomical areas" means less than completely and opaquely covered human genitals,
pubic region, buttocks and female breasts below a point immediately above the top of the areola; and human
male genitals in a discernible turgid state, even if completely and opaquely covered.
(111) "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal, acts
of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human
genitals, pubic region, buttocks or female breasts.
(112) "Standard tree" means a tree with a minimum caliper of three inches, ten to twelve feet high, of a
deciduous hard wood variety normally capable of attaining a twenty-five foot diameter spread when the tree
is twenty years old.
(113) "Standard shrub" means any bush or small evergreen tree occupying a space of at least eighteen
cubic feet.
(114)
"Street" means a public way which affords the principal means of access to abutting property.
(115)
"Street centerline" means a line halfway between the street lines.
(116) "Street line" means a dividing line between a lot and a contiguous street; the right-of-way line of
the street.
(117) "Structure" means anything constructed or erected with a fixed location on the ground or attached
to something having a fixed location on the ground. Among other things, structures include buildings,
walls, fences, signs and wooden decks.
(118) "Structural alterations" means any change except those required by law or ordinance, which
would prolong the life of the supporting members of a building or structure, such as bearing walls, columns,
beams or girders, not including openings in bearing walls as permitted by other ordinances.
(119) "Swimming pool" means any structure above or below grade level used for swimming or bathing
with a total surface area not less than 250 square feet and a water depth exceeding twenty-four inches.
(120) "Terrace" means a level landscaped and/or surfaced area directly adjacent to a principal building
at or within three feet of the finished grade and not covered by a permanent roof.
(121) "Transitional use" means a land use of an intermediate intensity between a more intensive and less
intensive use.
(122) "Transitional zone" means a zoning district permitting transitional uses.
(Ord. 90-44. Passed 9-4-90.)
(122.1) “Utility communication tower” means a structure of any size, shape or description designed for
the purpose of receiving or emitting communication signals for the benefit of the public.
(Ord. 96-20. Passed 6-3-96.)
(123) "Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the
ground upward, except as otherwise provided in the Zoning Ordinance.
(124) "Yard, front" means a yard extending between side lot lines across the front of a lot and from the
front lot line to the front of the principal building. (For corner lots see "Lot, corner".)
(125) "Yard, rear" means a yard extending between side lot lines across the rear of a lot and from the
rear lot line to the rear of the principal building.
(126) "Yard, side" means a yard extending from the principal building to the side lot line on both sides
of the principal building between the lines establishing the front and rear yards.
(127)
building.
"Yard width" and "depth" means the shortest horizontal distance from a lot line to the main
(128) "Zoning district" means a specifically delineated area or district in a municipality within which
regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.
(Ord. 90-44. Passed 9-4-90.)
CHAPTER 1135
Enforcement and Penalty
1135.01
1135.02
1135.03
1135.04
1135.05
1135.99
Enforcement generally.
Inspections.
Rules.
Records.
Cooperation of other officials.
Penalty.
CROSS REFERENCES
Appeals from zoning decisions - see Ohio R.C. 713.11, Ch. 2506
Violations of zoning ordinances - see Ohio R.C. 713.13
1135.01 ENFORCEMENT GENERALLY.
The Director of Building and Zoning shall enforce the Zoning Ordinance. The Director of Building and
Zoning shall receive applications required by the Zoning Ordinance, issue permits and furnish the prescribed
certificates. He shall examine premises for which permits have been issued and shall make necessary
inspections to see that the provisions of law are complied with. He shall enforce all laws relating to
construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and
maintenance of buildings and structures except as may be otherwise provided for. He shall, when requested
by the Mayor or Council or when the interests of the Municipality so require, make investigation in
connection with matters referred to in the Zoning Ordinance and render written reports on the same. For
the purpose of enforcing compliance with law, he shall issue such notices or orders as may be necessary.
(Ord. 90-44. Passed 9-4-90; Ord. 92-33. Passed 12-7-92.)
1135.02 INSPECTIONS.
Inspections shall be made by the Building Inspector or a duly appointed assistant.
1135.03 RULES.
For carrying into effect its provisions the Director of Building and Zoning may adopt rules consistent with
the Zoning Ordinance with approval by the Mayor.
1135.04 RECORDS.
The Director of Building and Zoning shall keep careful and comprehensive records of applications,
permits issued, certificates issued, inspections made, reports rendered, notices issued and orders issued. He
shall retain on file copies of all papers in connection with building work so long as any part of the building or
structure to which they relate may be in existence. All such records shall be open to public inspection at
reasonable hours, but shall not be removed from the office of the Director of Building and Zoning.
1135.05 COOPERATION OF OTHER OFFICIALS.
The Director of Building and Zoning may request and receive, so far as may be necessary in the discharge
of his duties, the assistance and cooperation of the Engineer in fixing grades, of the Chief of Police in
enforcing orders, of the City Attorney in prosecuting violations, and of other officials.
1135.99 PENALTY.
(a) No person shall locate, erect, construct, reconstruct, enlarge, change, maintain or use any building
or land in violation of any of the provisions of the Zoning Ordinance, or any amendment thereto adopted by
Council.
(b) Any person, firm or corporation violating any of the provisions of the Zoning Ordinance, or any
amendment or supplement thereto, shall be deemed guilty of a minor misdemeanor and shall be fined not
more than one hundred dollars ($100.00). Upon conviction of a subsequent violation of the same provision
within one year when the same is so specified in the complaint, he shall be guilty of a misdemeanor of the
third degree and fined not more than five hundred dollars ($500.00) or imprisoned in the County Jail or
Workhouse for a period not to exceed sixty days or both.
(c) In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged,
changed, maintained or used, or any land is, or is proposed to be used in violation of the Zoning Ordinance,
or any amendment or supplement thereto, Council, the City Attorney, the Director of Building and Zoning or
any property owner who would be specially damaged by such violation may, in addition to other remedies
provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection,
construction, reconstruction, alteration, conversion, maintenance or use; to restrain, correct or abate such
violation; to prevent the occupancy of such building, structure or land; or to prevent any illegal act, conduct,
business or use in or about such premises.
CHAPTER 1137
Permits; Certificates of Occupancy
1137.01
1137.02
1137.03
1137.04
1137.05
1137.06
1137.07
1137.08
1137.09
1137.10
1137.11
1137.12
1137.13
1137.14
1137.15
Permits required.
Plans.
Plot diagram.
Amendments.
Completion of existing buildings.
Action on application.
Condition of the permit.
Signature to permit.
Limitation.
Posting of permit.
Revocation.
Certificate of occupancy for a building.
Certificate of occupancy for land.
Content of certificate of occupancy.
Certificate of occupancy for nonconforming uses.
CROSS REFERENCES
Referral of zoning permit applications to Director of
Transportation - see Ohio R. C. 5511.01
Enforcement by Director of Building and Zoning - see P. & Z. 1135.01 et seq.
1137.01 PERMITS REQUIRED.
(a) No person shall construct, alter, repair, remove or demolish, or commence the construction,
alteration, removal or demolition of a building or structure, without first filing with the Director of Building
and Zoning an application in writing and obtaining a formal permit.
(b) An application for a permit shall be submitted in such form as the Director of Building and Zoning
may prescribe. Such application shall be made by the owner, lessee or agent of either, or the architect,
engineer or builder employed in connection with the proposed work. If such application is made by a person
other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner in fee or the
person making the application, that the proposed work is authorized by the owner in fee and that the person
making application is authorized to make such application. The application shall contain the full names and
addresses of the applicant and of the owner and, if the owner is a corporate body, of its responsible officers.
Such application shall describe briefly the proposed work and shall give such additional information as may
be required by the Director of Building and Zoning for an intelligent understanding of the proposed work.
1137.02 PLANS.
Applications for permits shall be accompanied by such drawings of the proposed work, drawn to scale,
including such floor plans, sections, elevations and structural details as the Director of Building and Zoning
may require.
1137.03 PLOT DIAGRAM.
There shall also be filed, with the application for a permit, a plot diagram, including a landscaping plan,
in a form and size suitable for filing permanently with the permit record, drawn to scale, with all dimensions
figured, showing accurately the size and location of all proposed new construction or, in the case of
demolition, of such construction as is to be demolished, and of all existing buildings. Existing and proposed
utilities affecting the project shall also be shown on this plan.
(Ord. 90-44. Passed 9-4-90.)
1137.04 AMENDMENTS.
Nothing in the Zoning Ordinance shall prohibit the filing of amendments to an application or to a plan or
other record accompanying same, at any time before the completion of the work for which the permit was
sought. Such amendments, after approval, shall be filed with and be deemed a part of the original
application.
(Ord. 90-44. Passed 9-4-90.)
1137.05 COMPLETION OF EXISTING BUILDINGS.
Nothing contained in the Zoning Ordinance shall require any change in the plans, construction, size or
designated use of a building for which a valid permit has been issued or lawful approval given before the
effective date of this section, provided, however, construction under such permit or approval is started within
six months and the ground story framework including structural parts of the second floor is completed within
one year and the entire building completed within two years after the effective date of this section.
(Ord. 90-44. Passed 9-4-90.)
1137.06 ACTION ON APPLICATION.
The Director of Building and Zoning shall examine applications for permits within a reasonable time after
filing. If, after examination, the Director of Building and Zoning finds no objection to the same and it
appears that the proposed work will be in compliance with the laws and ordinances applicable thereto, the
Director of Building and Zoning shall approve such application and issue a permit for the proposed work as
soon as practicable. If the examination reveals otherwise, the Director of Building and Zoning shall reject
such application, notice his finding in a report to be attached to the application and deliver a copy to the
applicant personally or through regular mail along with notice of his right of appeal.
(Ord. 90-44. Passed 9-4-90; Ord. 92-33. Passed 12-7-92; Ord. 12-01. Passed 1-17-12.)
1137.07 CONDITION OF THE PERMIT.
All work performed under a permit issued by the Director of Building and Zoning shall conform to the
approved application, plans and approved amendments thereof. The location of all new construction as
shown on the approved plot diagram or an approved amendment thereof shall be strictly adhered to. No
person shall reduce or diminish the area of the lot or plot of which a plot diagram has been filed and has been
used as the basis for a permit unless a revised plot diagram showing the proposed change in conditions is
filed and approved; provided that this shall not apply when the lot is reduced by reason of a street opening or
widening or other public improvement.
1137.08 SIGNATURE TO PERMIT.
Every permit issued by the Director of Building and Zoning under the provisions of the Zoning Ordinance
shall have his signature affixed thereto; but this shall not prevent the Director of Building and Zoning from
authorizing a subordinate to affix such signature.
1137.09 LIMITATION.
A permit under which no work is commenced within one year after issuance shall expire by limitation.
(Ord. 90-44. Passed 9-4-90.)
1137.10 POSTING OF PERMIT.
A copy of the permit shall be kept on the premises open to public inspection during the prosecution of the
work and until the completion of same. The Director of Building and Zoning may require a certified copy
of the approved plans to be kept on the premises at all times from the commencement of the work to the
completion thereof. The Director of Building and Zoning shall be given at least twelve hours notice of the
starting work under a permit.
1137.11 REVOCATION.
The Director of Building and Zoning may revoke a permit or approval issued under the provisions of the
Zoning Ordinance in case there has been any false statement or misrepresentation as to a material fact in the
application or plans on which the permit or approval was based.
1137.12 CERTIFICATE OF OCCUPANCY FOR A BUILDING.
No building except a single-family dwelling shall be occupied before a certificate of occupancy has been
issued. A certificate of occupancy for a new building or the reconstruction or alteration of an existing
building shall be applied for coincident with the application for a building permit and such certificate shall be
issued within three days after the request for same is made in writing to the Director of Building and Zoning
after the erection or alteration of such building or part thereof is completed, in conformity with the
provisions of these Regulations.
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the
Director of Building and Zoning for a period not exceeding one year, during the completion of alterations or
during partial occupancy of a building pending its completion. Such temporary certificate shall not be
construed as in any way altering the respective rights, duties or obligations of the owners or of the tenants
relating to the use or occupancy of the premises or any other matter covered by the Zoning Ordinance, and
such temporary certificate shall not be issued except under such restrictions and provisions as will adequately
insure the safety of the occupants.
(Ord. 90-44. Passed 9-4-90; 92-33. Passed 12-7-92.)
1137.13 CERTIFICATE OF OCCUPANCY FOR LAND.
The certificate of occupancy for the use of vacant land or the change in the character of the use of land as
herein provided shall be applied for before any such land is occupied or used, and a certificate of occupancy
shall be issued within three days after the application has been made, provided such use is in conformity with
the provisions of the Zoning Ordinance.
(Ord. 90-44. Passed 9-4-90.)
1137.14 CONTENT OF CERTIFICATE OF OCCUPANCY.
The certificate of occupancy shall state that the building or proposed use of a building or land complies
with all the building, housing and health laws and ordinances and with the provisions of the Zoning
Ordinance. A record of all certificates shall be kept on file in the office of the Director of Building and
Zoning and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in
the building affected. Fees and regulations regarding such certificate of occupancy shall be established by
the Director after ratification by Council.
1137.15 CERTIFICATE OF OCCUPANCY FOR NONCONFORMING USES.
A certificate of occupancy shall be required for all nonconforming uses. Applications for such certificate
for nonconforming uses shall be filed within twelve months from the effective date of this section.
(Ord. 90-44. Passed 9-4-90.)
1139.01
1139.02
1139.03
1139.04
1139.05
1139.06
CHAPTER 1139
Board of Zoning Appeals
Board established; members; term; vacancies.
Organization.
Appeals.
Powers and duties.
Procedure for variance.
Fees.
CROSS REFERENCES
Council may amend districting or zoning - see Ohio R.C. 713.10
Aesthetic review procedure - see P. & Z. 1155.07
Demolition procedure - see P. & Z. 1155.08
1139.01 BOARD ESTABLISHED; MEMBERS; TERM; VACANCIES.
(a) A Board of Zoning Appeals is hereby created. Such Board shall consist of five members who shall
be appointed by Council and shall serve without compensation. All members shall be residents and shall
possess special knowledge in one or more of the following areas: construction, architecture, fine arts,
engineering, landscape architecture; members may be required to have other such qualifications as
determined by Council. No elected or appointed official or City employee shall be appointed to the Board of
Zoning Appeals. Should a person become appointed, elected or employed by the City they shall be
disqualified from serving on the Board.
(b) The terms of all members shall be of such length and so arranged that the term of one member will
expire each year. Each member shall serve until his successor is appointed and qualified. Members of the
Board may be removed for nonperformance of duty, misconduct in office or other cause by Council upon
written charges having been filed with Council and after a copy of the charges having been served upon the
member so charged at least ten days prior to the hearing, either personally or by registered mail, or by
leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and
answer such charges. Vacancies shall be filled by Council and shall be for the unexpired term.
(Ord. 98-13. Passed 9-8-98.)
1139.02 ORGANIZATION.
(a) The Board of Zoning Appeals shall organize and adopt rules and procedures in accordance with the
provisions of the Zoning Ordinance. Such rules and procedures set forth by the Board of Zoning Appeals
shall become effective unless disapproved by Council within sixty days after being filed with the Clerk of
Council. Meetings of the Board shall be held at the call of the chairman, and at such other times as the Board
may determine.
(b) The chairman or, in his absence, the acting chairman, may administer oaths and the Board may
compel the attendance of witnesses. All meetings of the Board shall be open to the public. All business of the
Board shall be transacted at such meetings.
(c) The Board shall keep minutes of its proceedings showing the vote of each member upon each
question or, if absent or failing to vote, indicating such fact, and shall keep record of its examinations and
other official actions, all of which shall be immediately filed in the office of Council and shall be public
record.
(Ord. 98-13. Passed 9-8-98.)
1139.03 APPEALS.
Appeals to the Board of Zoning Appeals may be taken by any person aggrieved who has legal standing in
this matter. Such appeal shall be taken within twenty days after the decision by filing with the officer from
whom the appeal is taken and with the Board a notice of appeal specifying the grounds therefor. The officer
from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting a record upon
which the action appealed from was taken. The Board shall fix a reasonable time for the hearing of the
appeal, require ten days’ notice to the parties in interest, and decide the same within a reasonable time after it
is submitted. Upon the hearing, any person may appear in person or by attorney.
(Ord. 98-13. Passed 9-8-98.)
1139.04 POWERS AND DUTIES.
The powers of the Board of Zoning Appeals are:
(a) To hear and decide appeals where it is alleged there is an error in order, requirement, decision or
determination made by the Director of Building and Zoning in the enforcement of the Zoning Ordinance in
residential districts.
(b) To permit the extension of a district where the boundary line of a district divides a lot held in a
single ownership at the time of the passage of the Zoning Ordinance.
(c) To permit the reconstruction of a nonconforming building that would otherwise be prohibited by
Section 1153.03, where such action would not constitute continuation of a monopoly.
(d) To hear and decide in specific cases such variance from the terms of the Zoning Ordinance where
there is an exceptional or unusual physical condition of a lot which would prevent a reasonable or sensible
use of the land, buildings or structure in the residential districts. No such variance shall be granted unless the
Board does the following:
(1) Adopts a formal written finding that the application of the provisions of the Zoning Ordinance to
the land, building or structure would result in a “practical difficulty” that would deprive the owner of the
reasonable use of the land, building or structure, stating therein the facts upon which such finding is based.
When deciding whether a “practical difficulty” exists the Board must consider the size of the deviation that is
sought, and weigh its probable effect on the neighborhood against the harm which will be suffered by the
applicant if the variance is refused. A “practical difficulty” does not exist when it is self-inflicted.
(2) Adopts a formal written finding that the granting of the variance will be in harmony with the
general purposes and intent of the Zoning Ordinance, and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare.
(e) To vary the parking regulations where an applicant demonstrates conclusively that the specific use of
a building would make unnecessary the parking spaces required by the Zoning Ordinance, but providing that
such a reduction not be more than fifty percent (50%) of the usual requirement.
(f) To impose conditions upon the grant of a variance so that the spirit of the Zoning Ordinance shall be
observed and substantial justice be done.
(g) To hear and decide upon applications for building permits where the aesthetic values of the
neighborhood would be endangered.
(1) The Director of Building and Zoning shall determine upon initial review of an application for a
new residence, accessory structure or home remodeling permit, if, by the rules and procedures of the Board
of Zoning Appeals, Board approval of the application is required. If Board action is required, the Director of
Building and Zoning shall assist the applicant in filling out an application to appear before the Board of
Zoning Appeals and shall give a copy of the rules and procedures to the applicant.
(h) To hear and decide upon all applications for a demolition permit to remove a dwelling unit in the
residential districts.
(I) To make any other determination required of it by any other provision of the Zoning Ordinance.
(Ord. 98-13. Passed 9-8-98.)
1139.05 PROCEDURE FOR VARIANCE.
(a) Application of Variance. Upon denial of a building permit by the Director of Building and Zoning
or to facilitate any other desired variance except a variance pursuant to Section 1141.03(f), the applicant may
file with said Director an application for a variance.
(b) Written Application. For any variance to be placed on the agenda of the next scheduled meeting of
the Board of Zoning Appeals, eight ( 8) copies of a provided application and a statement of the reason for
filing such application shall be filed with the Director of Building and Zoning not less than fifteen (15) days
prior to the date of said meeting.
(1) Description of property and nature of variance. The application shall include the following
statements:
A. The nature of the variance, including the specific provisions of the Zoning Ordinance upon
which the variance is requested.
B. A legal description of the property, at the discretion of the Director of Building and Zoning.
C. A statement of the special circumstances or conditions applying to the land or structure and not
applying generally throughout the zoning district.
D. A statement showing that the special conditions and circumstances do not result from the
actions of the applicant.
E. A statement showing that the granting of the application is necessary to the preservation and
enjoyment of substantial property rights.
F. Such other information regarding the application for appeal as may be pertinent or required for
appropriate action by the Board of Zoning Appeals.
(2) Plot plan. The application shall be accompanied by eight copies of a plot plan drawn to an
appropriate scale showing the following:
A. The boundaries and dimensions of the lot.
B. The nature of the special conditions or circumstances giving rise to the application for
approval.
C. The size and location of existing and proposed structures, showing distance to lot lines.
D. The proposed use of all parts of the lot and structures, including access ways, walks, off-street
parking, accessory structures, and loading spaces and landscaping.
E. The relationship of the requested variance to the development standards.
F. The use of land and location of structures on adjacent property.
(c) Review by Administrative Staff. The Director of Building and Zoning shall review the application
and submit a report to the Board of Zoning Appeals before the date of public hearing, and the reasons
thereof. Included in this report should be information on the Code sections impacted, other surrounding
variances and negative or positive impact if applicable.
(d) Public Notice. Notice of the hearing before the Board of Zoning Appeals shall be forwarded for
publication in one or more newspapers of general circulation within the City, at least seven days prior to the
date of the hearing. The notice shall include the place, date and time of the hearing and the agenda.
Failure of the newspaper to accurately or timely publish a properly submitted notice does not invalidate the
granting or denial of a variance.
(e) Actions by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing
and act on an appeal in accordance with the provisions of Section 1139.04.
(f) Duration. A variance granted by the Board of Zoning Appeals shall expire automatically two years
from the date of approval if, for any reason, construction has not commenced on the improvement for which
the variance was granted.
(Ord. 2008-33. Passed 10-13-08.)
1139.06 FEES.
A fee shall be charged when an application is filed for a variance as follows:
(a)
(b)
(c)
(d)
Single-family
$ 25.00
Two-family to less than 25 dwelling units $ 50.00
All others with 25 or more dwelling units $100.00
All other non-residential applications $100.00
(Ord. 98-13. Passed 9-8-98.)
CHAPTER 1141
Planning Commission
1141.01
1141.02
1141.03
1141.04
1141.05
Members.
Organization.
Powers and duties.
Procedure for authorizing a conditional use.
Fees.
CROSS REFERENCES
City Planning Commission - See CHTR, Section 6.4
City Planning Commission - See Administration, Ch. 141
Planning Commissions - See Ohio R.C. Ch. 713
Site Plan Review - See P. & Z Ch. 1157.05
1141.01 MEMBERS.
The Planning Commission shall consist of seven members, including the Mayor, one member of
Council, and five electors of the City. The Council President shall designate the member of Council to
serve, at the President' s pleasure, during such member' s term on Council. The Mayor and member of
Council shall serve as non-voting members of the Planning Commission. The Mayor shall appoint the
electors of the city with the concurrence of Council for staggered terms of three years each (or such shorter
term as may be initially necessary to achieve staggered terms). The power and duties shall be as provided in
the City Charter and as provided by ordinances and resolutions of Council.
(Ord. 09-06. Passed 4-6-09.)
1141.02 ORGANIZATION.
The Planning Commission shall organize and adopt rules in accordance with the requirements of the
Charter of the City. Meetings of the Commission shall be held at the call of the chairperson, and at such
other times as the Commission determines. All meetings of the Planning Commission shall be open to the
public. The Planning Commission shall keep minutes of its proceedings, showing the vote of each member
upon each question, or if absent or failing to vote, indicating such fact, and shall keep public records of its
actions.
(Ord. 98-13. Passed 9-8-98.)
1141.03 POWERS AND DUTIES.
The Planning Commission may:
(a) Adopt a comprehensive plan for the City; periodically review and update said plan.
(b) Review preliminary and final plats and recommendation of action to Council.
(c) Review amendments to the zoning map and to the Zoning Ordinance and recommendation of action
to Council.
(Ord. 2008-33. Passed 10-13-08.)
(d) Review and decide site plans under the provisions of Section 1157.06.
(Ord. 2012-01. Passed 1-17-12.)
(e) Authorize only such conditional uses as the Planning Commission is specifically authorized to permit
according to terms of the Zoning Ordinance.
(f) Review and decide final development plans, development plans, amended and revised development
plans, and plan refinements for planned districts.
(g) Review and / or initiate rezoning applications and recommend to Council rezoning applications.
(h) Review and decide applications for lot splits and lot consolidations.
(i) Review and decide applications for demolition permits in commercial and industrial districts.
(j) Require, consider and approve proposed screening and other elements in applications for
Right-of-Way Work Permits to determine whether the application provides for adequate screening of
facilities, safety and such other factors as the Commission determines to be appropriate.
(k) Grant variances incidental to any of the foregoing, and establish procedures for hearings, public
comments and approval of the same.
(Ord. 2008-33. Passed 10-13-08.)
1141.04 PROCEDURE FOR AUTHORIZING A CONDITIONAL USE.
(a) Nature of Conditional Use. Specifically listed conditional uses are provided within zoning district
regulations in recognition that such uses, although often desirable, will more intensely affect the surrounding
area in which they are located than the permitted uses of such zoning districts.
The intent of this section is to set forth the development standards and criteria to be used by the Planning
Commission for locating and developing a conditional use in accordance with the nature of the surrounding
area, conditions of development, and with regard to appropriate plans.
(b) Written Applications. Eight copies of a provided application form shall be filed with the Director of
Building and Zoning not less than fifteen days prior to the date of the next Planning Commission meeting, at
which the Planning Commission will hear such application.
(1) Description of property and intended use. The application shall include the following statements:
A. A legal description of the property.
B. The proposed use of the property.
C. A statement of the necessity or desirability of the proposed use to the neighborhood or
community.
D. A statement of the relationship of the proposed use to adjacent property and land use.
E. Such other information regarding the property, proposed use or surrounding area as may be
pertinent to the application or required for appropriate action by the Planning Commission.
(2) Submittal requirements.
A. A survey showing boundary information, existing and proposed development, existing and
proposed easements, rights-of-way, and utilities, including storm water drainage.
B. The Site Plan shall indicate buildings, service areas, parking, signage, fencing, landscaping,
and all required setbacks.
C. All parking and loading areas shall be shown, including typical dimensions of parking stalls,
aisles, and loading spaces.
D. All major circulation routes, including arterials, adjacent curb cuts, collector and local streets,
driveway and curb cuts, and including major aisle ways and service routes shall be indicated. Major
pedestrian circulation routes shall also be indicated, including dimensions of path and pedestrian crossings,
etc., plus any attempts at separating vehicular and pedestrian/recreation movement.
E. The method for handling of all waste and refuse materials shall be indicated.
F. Proposed landscaping shall be shown.
G. All signage and graphics may be required to be shown, in accordance with Chapter 1167,
Signs.
H. All exterior lighting shall be shown, including parking lot, pedestrian, and building accent
lighting. Lighting intensity and installation height shall be indicated.
I. Exterior building design and surface treatments shall be indicated, including building material
and color. Color and material samples may also be requested.
(c) Actions of the Planning Commission. The Planning Commission shall hold a public hearing and act
on a conditional use in one of the following ways:
(1) Approval. The Planning Commission shall approve an application for conditional use if the
following three conditions are met:
A. The proposed use is a conditional use of the zoning district, and the applicable development
standards established in the Zoning Ordinance are met.
B. The proposed development is in accordance with appropriate plans for the area.
C. The proposed development will be in keeping with the existing land use character and physical
development potential of the area.
(2) Approval with modification. The Planning Commission may approve with modification an
application for a conditional use, if the proposed use is a conditional use of the zoning district and the
applicable development standards are met, but plot plan modification is required to be in accordance with
appropriate plans for the area and to prevent undesirable effects on adjacent property and the surrounding
area. Such modification may be a limitation on the extent or intensity of development, a requirement for
additional screening by fence or landscaping, a change in the method or plan for lighting, control of access
or other conditions of development as may be required. Recommendations regarding the modification of
plans or other appropriate actions shall be stated with the reasons for each recommendation.
(3) Disapproval. The Planning Commission shall only disapprove an application for a conditional use
for any one of the following reasons:
A. The proposed use is not a conditional use of the zoning district, or the applicable development
standards are not and cannot be met.
B. The proposed development is not in accord with appropriate plans of the area.
C. The proposed development will have undesirable effects on the surrounding area and is not in
keeping with the existing land use character and physical development potential of the area.
(4) Conditional use approval. Upon a favorable finding, the Planning Commission shall approve a
conditional use application within thirty days following the public hearing.
(d) Issuance of a conditional use permit. A conditional use permit shall become effective upon
approval of the Planning Commission. Such conditional use permit shall authorize only one particular use
and such permit shall automatically expire if, for any reason, the conditional use shall not begin within two
years after the permit is issued or if such use shall cease for more than six months after the permit is issued.
A conditional use permit shall be personal to the applicant and shall not run with the land, and shall expire
upon a transfer of ownership or change of tenants.
(e) Building permit. A building permit may be obtained only for the development in accordance with the
approved plot plan.
(Ord. 98-13. Passed 9-8-98.)
1141.05 FEES.
A fee shall be charged when an application is filed for a conditional use or site plan review as follows:
(a)
(b)
(c)
(d)
Single-family
$ 25.00
Two-family to less than 25 dwelling units $ 50.00
All others with 25 or more dwelling units $100.00
All other non-residential applications $100.00
(Ord. 98-13. Passed 9-8-98.)
CHAPTER 1143
Amendments
1143.01
1143.02
Procedure.
Zoning amendment fee.
CROSS REFERENCES
Council may amend districting or zoning - see Ohio R.C. 713.10
Appeals from zoning decisions - see Ohio R.C. 713.12
Nonconforming uses, retroactive measures - see Ohio R.C. 713.15
1143.01 PROCEDURE.
(a) Council may, from time to time, on its own motion or on petition, after public notice and hearing as
provided by law and after report by the Planning Commission, amend, supplement or change the boundaries
or regulations in the Zoning Ordinance established now or subsequently. In case the Planning Commission
disapproves the proposed change, such amendment shall not be passed except by the favorable vote of
three-fourths of all members of Council. If no report is received from the Planning Commission in sixty
days, it may be assumed that such Commission has approved the amendment.
(b) Before any action shall be taken as provided in this section, the party or parties proposing or
recommending a change in the district regulations or district boundaries shall deposit with the Finance
Director the fee specified in Section 1143.02 to cover the approximate cost of this procedure and under no
condition shall such sum or any part thereof be refunded for failure of such change to be adopted by Council.
1143.02 ZONING AMENDMENT FEE.
Each application for an amendment to the Zoning Ordinance as provided in Section 1143.01 shall be
accompanied by a check payable to the Finance Director, or cash payment, in the amount of one hundred
fifty dollars. ($150.00).
CHAPTER 1145
Interpretation and Conflict
1145.01
1145.02
Interpretation.
Conflict.
CROSS REFERENCES
Basis of districts - see Ohio R.C. 713.10
Intent and purpose - see P. & Z. Ch. 1131
Definitions - see P. & Z. Ch. 1133
1145.01 INTERPRETATION.
In their interpretation and application, the provisions of the Zoning Ordinance shall be held to be the
minimum requirements adopted for the promotion of the public health, safety and welfare, and shall be
interpreted so as to effectuate the intent and purpose of the Zoning Ordinance as set forth in Chapter 1131.
To protect the public, among other purposes, such provisions are intended to provide for adequate light, air,
safety from fire and other danger, undue concentration of population and ample parking facilities.
1145.02 CONFLICT.
It is not intended by the Zoning Ordinance to repeal, abrogate, annul or in any way impair or interfere
with existing provisions of other laws or ordinances, except those specifically repealed by the Zoning
Ordinance, nor private restrictions placed upon property by covenant, deed or other private agreement, nor
restrictive covenants running with the land to which the City is a party. Where the Zoning Ordinance
imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing
provisions of law, ordinance, contract or deed, the provisions of the Zoning Ordinance shall control.
TITLE FIVE - Zoning Districts and Regulations
Chap. 1151.
Districts and Boundaries.
Chap. 1153.
Development Requirements Applicable to All Zoning Districts.
Chap. 1155.
Development Requirements Applicable to Residential Zoning
Districts.
Chap. 1157.
Development Requirements Applicable to Non-Residential Zoning
Districts.
Chap. 1167.
Signs.
CHAPTER 1151
Districts and Boundaries
1151.01
1151.02
1151.03
1151.04
1151.05
1151.06
1151.07
Districts.
District boundaries established.
Criteria for establishing district boundaries.
Green Space Overlay District.
NE First/Ashland Overlay District.
Parkland.
Grandview Avenue Overlay District.
CROSS REFERENCES
Zoning of annexed areas – see Ohio R. C. 303.25, 519.18
Council may amend districting or zoning – see Ohio R. C. 713.10
Community Entertainment Districts - see Ohio R.C. 4301.80
Basis of districts – see Ohio R. C. 713.10
1151.01 DISTRICTS.
(EDITOR’S NOTE: In addition to the districts listed below the City has also enacted the Grandview
Yard Community Entertainment District pursuant to Ohio R.C. 4301.80.)
(a) The City is hereby divided into four general types of districts:
District
Type
R
Residential
C
Commercial
M
Industrial
P
Parkland
(b) The four general types of districts are further divided into the following specific districts:
District
Type
RS-1
Residential (Single)
RS-2
Residential (Single)
RD
Residential (Double)
RA
Residential (Apartment)
RPU
Residential Planned Unit District
C-1
Limited Commercial
C-2
Neighborhood Commercial
C-3
Planned Commercial
M-1
General Industrial
P
Parkland
PCD
Planned Community District
1151.02 DISTRICT BOUNDARIES ESTABLISHED.
(a) The boundaries of the districts are shown upon the map designated as the “Zoning District Map.”
The Zoning District Map and all notations, references and other information shown thereon are a part of this
Zoning Ordinance and have the same force and effect as if the Zoning District Map and all the notations,
references and other information shown thereon were all fully set forth or described herein, the original of
which Zoning District Map is properly attested and is on file with the Clerk of Council.
(b) Whenever any street, alley or other public way is vacated by official action of Council, the zoning
district adjoining each side of such street, alley or public way shall be automatically extended to the center of
such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate
regulations of the extended districts.
(c) All territory which may hereafter be annexed to the City shall automatically be placed in the most
restrictive RS-1 Residential District.
(Ord. 98-13. Passed 9-8-98.)
1151.03 CRITERIA FOR ESTABLISHING DISTRICT BOUNDARIES.
Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning
District Map accompanying and made part of this Zoning Ordinance, the following rules apply:
(a) The district boundaries are either streets or alleys unless otherwise shown, and where the districts
designated on the Map accompanying and made a part of this Zoning Ordinance are bounded approximately
by street or alley lines, the street or alley shall be construed to be the boundary of the district.
(b) Where the district boundaries are not otherwise indicated, and where the property has been or may
hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and
where the districts designated on the Zoning District Map accompanying and made part of this Zoning
Ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the
districts unless the boundaries are otherwise indicated on the Map.
(c) In unsubdivided property, the district boundary lines on the Zoning District Map accompanying and
made part of this Zoning Ordinance shall be determined by use of the scale appearing on such Map.
(Ord. 98-13. Passed 9-8-98.)
1151.04 GREEN SPACE OVERLAY DISTRICT.
(a) All lots bordering on the north side of Goodale Boulevard between the center line of Broadview
Avenue on the east and the center line of Wyandotte Road on the west and all lots bordering on the south
side of Goodale Boulevard from the center line of Grandview Avenue on the east and the center line of
Lincoln Road extended on the west shall be included in this Overlay District.
(b) All properties within this Overlay District shall have a minimum front yard of 100 feet.
(c) All properties within this Overlay District shall have a minimum side yard of twenty-five feet.
(Ord. 98-13. Passed 9-8-98.)
1151.05 NE FIRST/ASHLAND OVERLAY DISTRICT.
(a) Lots 59 and 60 of the Urlin Subdivision, located on the northeast corner of West First Avenue and
Ashland Avenue, shall be included in the NE First/Ashland Overlay District.
(b) Not more than twenty-five percent (25%) of the net floor area located in this overlay district shall be
used for commercial purposes.
(c) A residence is a permitted use in this overlay district.
(Ord. 98-13. Passed 9-8-98.)
1151.06 PARKLAND.
Parkland shall include all public parks and playgrounds, public gardens, and any recreational uses.
(Ord. 98-13. Passed 9-8-98.)
1151.07 GRANDVIEW AVENUE OVERLAY DISTRICT.
(a) Purpose. These overlay standards have been created to utilize the site plan review process of the
Planning Commission to promote the Grandview Avenue District, as defined in the Community Plan, as a
compact, pedestrian-oriented district with a diverse mix of residential office and commercial uses, creating a
place that represents a unique, attractive, and memorable destination for visitors and residents.
(b) Intent.
(1) To allow a vertical mix of uses between ground level retail and office and residential units or
office uses above;
(2) To add streetscape elements and other outdoor pedestrian spaces that encourage activity,
sociability, safety, and visual appeal;
(3) To enhance the public realm space on both sides of Grandview Avenue so as to create a
pedestrian loop;
(4) To encourage shared parking among commercial uses; and
(5) To minimize curb cuts and other vehicle intrusions on the pedestrian, street-level experience.
(c) Grandview Avenue Overlay District Described.
(1) The boundaries of the Grandview Avenue Overlay District will include all properties with
frontage on Grandview Avenue between Third Avenue and First Avenue which lie within the corporation
limits of Grandview Heights. It will also include three (3) properties with current addresses of 1510,
1516/1520 and 1530 West First Avenue.
(2) The boundaries of the Grandview Avenue Overlay District shall be indicated in the official
Zoning District Map of the City with the symbol “GAOD” (Grandview Avenue Overlay District). The
Grandview Avenue Overlay District shall be in addition to and shall overlay all other zoning districts where
the district is established. Therefore, any parcel of land lying in the GAOD district shall also lie in one or
more of the other zoning districts provided for in this Zoning Ordinance. The district designation of GAOD
shall be superimposed over the existing zoning designations on the Zoning District Map.
(d) Applicability and Extent.
(1) The standards and requirements of this Section may be waived for buildings recognized by the
Grandview Heights/Marble Cliff Historical Society as historic if applying them would result in an
unacceptable modification of the original, historic appearance of the building.
(2) Except as modified by this overlay district, the provisions of the applicable base-zoning district
shall apply to all development within the
boundary of the designated area. Where provisions of this
overlay Ordinance impose greater restrictions than other existing laws, regulations or ordinances, the
provisions of this overlay Ordinance shall govern.To the extent that this overlay Ordinance does not
expressly address a restriction, the Zoning Ordinances of the City will apply.
(3) No building shall be erected, converted, expanded, reconstructed or
structurally altered
except in accordance with the development standards and design guidelines of this overlay district. For
building expansion of up to 50%, only the new addition requires compliance with these standards and
guidelines.
(4) The extension or expansion of a building toward Grandview Avenue is subject to all standards
and requirements of this overlay district.
(5) Routine maintenance and in-kind replacement of materials are exempt from the standards and
requirements of this overlay district.
(6) All modifications to the public realm space are subject to the development standards and design
guidelines of this overlay district.
(e) Procedures.
(1) The provisions of Section 1157.06 governing Site Plan Review will apply.
(2) The development standards and design guidelines of the Grandview Avenue Overlay District will
serve as (1) guidelines for consideration by applicants in preparing site plans, and (2) constitute the criteria to
be considered by the Director of Building and Zoning and the Planning Commission in reviewing site plans.
(3) Requests for variance and site plan review may be submitted concurrently, though they need not
be. If not submitted and reviewed concurrently, variances must be approved before site plan review.
(f)
Definitions.
(1) Building Frontage: “Building frontage” means the side, or façade, of a building closest to and
most nearly parallel to an abutting street.
(2) Building Frontage, Primary: “Primary building frontage” means a building frontage that abuts
Grandview or First Avenues.
(3) Building Frontage, Secondary: “Secondary building frontage” means a building frontage that
abuts Haines Avenue, Second Avenue or an alley.
(4) Building Rear: “Building rear” means the wall or plane opposite the primary building frontage.
For a building on a corner lot, the building rear is the wall or plan opposite the wall or plane containing the
principal building entrance.
(5) Build-to-Line: A “build-to line” establishes a minimum and maximum front setback for
buildings and other structures as measured from the curb-line of a street.
(6) Commercial: As used in this overlay ordinance, “commercial” refers to land uses permitted in
the underlying zoning district.
(7) Cross Easement: Contractual permission granted by property owner(s) to third parties to use,
walk or drive between adjacent properties under different ownership.
(8) Principal Building: “Principal building: means a building in which the principal use of the
property is conducted. All parcels containing at least one building shall be deemed to have a principal
building. A parcel may contain more than one principal building.
(9) Public-Realm Space: “Public-realm space” means an area between a principal building (public
and private) and the curb line utilized for seating, outdoor dining, public art and/or other pedestrian
amenities.
(10) Reconstruction: “Reconstruction” means the replacement or rebuilding of a building, premises
or structure.
(11) Setback: “Setback” means the distance between a lot line or right-of- way line and a building,
structure, defined outdoor area serving as the primary activity, parking lot, or vehicular circulation area.
(g)
Setbacks and Build-to Lines.
(1) Front: The front setback and build-to lines shall be determined by the standards and guidelines
regulating the public realm space.
(2) Side: The minimum side yard setback is five (5) feet. The Planning Commission may reduce the
side yard setback to zero (0) if it determines that a reduced setback is consistent with current development
plans on the adjacent property. Sides of buildings along secondary streets will subject to the public realm
requirements of Section 1151.07(h).
(3) Minimum setbacks: The minimum rear or side yard setback off a public alley shall be nineteen
(19) feet from the right-of-way to the ground floor.
(h) Building Standards.
(1) The planning and exterior design of all buildings and the exterior design of all improvements,
additions, modernization or renovations of buildings within the Grandview Avenue District shall be in
reasonable conformance with, or be representative of, the design guidelines, as set forth herein.
(2) A variety of architecture expressions is encouraged as a means of enhancing diverse mixed use,
character of the community. Each development project will, by use of massing, articulation, materials and
detail, contribute to a coherent form and eclectic character within the Grandview Avenue District.
A. Primary Façade: Any building with frontage on Grandview Avenue shall have its front or
primary façade on this frontage.
B. Primary Entry: The building shall provide a primary pedestrian entrance to Grandview
Avenue.
C. Ground Floor Building Depth: The minimum depth of ground- floor retail or office space from
the building front is forty (40) feet.
D. Minimum Building Height: Buildings are to contain two (2) floors or achieve thirty (30) feet
in height.
E. Ground Floor Minimum-Ceiling Height: Minimum ceiling height of ten (10) feet.
F. Ground Floor Transparency: A minimum of sixty percent (60%) and maximum of eight-five
percent (85%) of the front façade between two (2) feet and ten (10) feet above sidewalk grade must be
comprised of clear windows that allow views to a depth of ten (10) feet of indoor commercial space or
product display areas.
1. The bottom edge of any window or product display window used to satisfy the transparency
standard may not be more than three (3) feet above the adjacent sidewalk.
2. Product display windows used to satisfy these requirements must have a minimum height of
four (4) feet and be internally lighted.
G. Reduced Building Volumes: A continuous primary façade that exceeds a width of forty (40)
feet shall be broken down in scale by means of the articulation of separate volumes. These shall be well
proportioned and related to create satisfactory composition. Building volumes should be further articulated
to break down the perceived scale and mass of the structure at locations along
secondary building
frontages.
H. Upper Floor Windows: Upper floor windows must be clear and comprise a minimum of
twenty-five percent (25%) of the front façade higher than fourteen (14) feet above finish grade. This ratio
must be less than that met on the ground floor.
I. Corner Buildings: Building footprints may be required to be chamfered at corners to provide
visibility at street intersections.
J. Façade Interruptions: Courtyards, walkways, or other interruptions in the primary façade
building wall for pedestrian traffic shall be permitted, provided that the interruption to the primary façade
street wall is minimal.
K. Four-sided Architecture: All façades shall have the same level of design attention and
comparable use of materials as the front façade.
L. Building Massing: Building massing should provide additional variation and architectural
interest that promotes cohesive community scale and any attractive pedestrian environment.
M. Roof Lines: A varied building silhouette is encouraged through changes in the massing at
rooflines.
N. Design Interest: Within a clear and coherent architectural composition, building facades should
be articulated by means of recess, changes in plane, bays, projecting elements, variations in exterior facades
or combination thereof.
O. Rooftop Treatment: As many roofs will be visible from surrounding structures, they should be
designed to be visually interesting, using non-reflective materials and colors that do not contribute to the
urban heat island effect.
P. Building Penetrations: Appliance vents, exhaust fans, and similar roof penetrations should be
located so as to not be visible from streets or open spaces. Exposed metal penetrations and roof accessories
should be finished to match or blend with the roof color.
Q. Building Materials: Exterior building materials should be durable and of high quality.
Selection should rely upon traditional and natural materials such as brick, stone and glass. Exterior
Insulation and finish Systems (EIFS), vinyl or aluminum siding, and split or scored faced concrete block are
not acceptable materials.
R. Rofing Materials: Materials visible from the street should be concrete or clay tile, high quality
composition shingles, slate, or standing seam metal roofing. Sheet or roll roofing are not permitted.
S. Exterior Color: Each project should create a cohesive color palette that takes into consideration
the finish of all exterior elements, and that compliments the architectural character and composition of the
building. Projects are encouraged to employ more than one body color to articulate the form, rhythm and
scale of the building. Accent colors are encouraged where they enhance the architectural character of the
development project.
T. Mechanical Penetrations at Facades: The placement of mechanical penetrations, especially
exhaust vents, should consider the visual and air quality impact on nearby residential areas. Cooking odors
should be eliminated to the extent feasible by installation of the best available ventilation technology.
Project applications shall include information on proposed ventilation systems and odor scrubbing technology
to be used.
(i)
Public Realm Space.
(1) The public realm space will consist of public right of way as well as the privately owned space
that will exist between the curb line and the building. The development standards for this area are as follows:
A. A build-to line of 16’ to 18’ as measured from the curb line of Grandview Avenue to the
primary structure shall be established extending the full length of Grandview Avenue.
B. At least fifty (50) percent or more of the primary structure must align with the build-to line at
the ground level. The primary structure may be setback further to increase the size of the public realm
space. Up to fifty (50) percent of the ground floor frontage of a building may be setback to a maximum
distance of twelve (12) feet.
C. Allowable encroachment on the public realm space provided pedestrian circulation is
maintained:
1. Café tables and seating. No fence or other enclosure may surround the encroaching seating
area without the permission of the Planning Commission.
2. Product display racks. Racks are to be located in front of the establishment responsible for
the maintenance and sale of those goods. Racks must be removed after hours of operation.
3. On-premises signage. Signage may still be considered “on-premises” if it is located in the
public realm space in front of the establishment it advertises. Signage standards still apply.
4. The Planning Commission may permit other encroachment on the public realm space in
accordance with the purpose and intent of the district.
D. Frontage forms allowed:
1. Shop front: a frontage wherein the façade is aligned with the edge of the sidewalk at the
build-to line with the building entrance at sidewalk grade. An awning may overlap the public realm up to
four (4) feet for a sixteen (16) foot setback or six (6) feet for an eighteen (18) foot set mark.
2. Planning and design of improvements to the public real space must take into consideration
and be in reasonable conformance with current Grandview Avenue street and streetscape improvement plans.
(j) Signage.
(1) Signs within the Grandview Avenue District should be creative and be designed to contribute to
the character, vitality and visual appeal of the public realm. Signs should also be complimentary with the
architecture of the buildings.
A. The provisions of Chapter 1167 Signs will serve as a general reference for planning and
designing of new signs.
B. Permanent signage allowed: wall signs, marquee signs, awning signs, window signs, and
canopy signs when displaying no advertising matter except pertaining to the business conducted in the
building on which such sign is placed. All signs including walls signs must be approved the Planning
Commission as part of an overall sign plan.
C. Existing ground signs will continue to be regulated under the provisions of Chapter 1167.
(k) Parking and Circulation.
(1) Additional curb cuts on Grandview Avenue to lots with real alley and side street access shall not
be permitted. On lots without such access, vehicular driveways shall be permitted on or adjacent to lot lines
with appropriate driveway/access easements as determined by the Planning Commission, anticipating shared
access to limit future curb cuts.
(2) Drive-through facilities for vehicles are prohibited.
(3) No parking or maneuvering shall be permitted between the primary building and any public
street. The minimum parking setback from an alley shall be zero (0) feet. Parking areas adjacent to
residentially zoned property must be setback sufficiently to permit the installation of opaque walls, fences or
landscaping.
(4) Off-street parking and loading spaces are to be provided as specified in §1153.06; §1155.13,
§1157.07(b) (8), §1157.07(b) (9), and §1157.07(b) (10).
(5) When applicable, rear parking areas must be connected with cross easements to permit interval
circulation across lot lines.
(6) Mechanical lifts and stacked parking shall be allowed to meet the residential use requirement
provided that no parking space is blocked by more than one (1) other parking space. Stacked parking
associated with a commercial use requires an attendant or valet to be present during hours of operation.
(7) Parking lots along the street must be screened from the adjacent street and sidewalk by walls,
fences, or landscaping.
(l) Screening.
(1) All establishments shall be required to enclose all outdoor refuse containers on all sides. This
enclosure shall be constructed to maintain a minimum three (3) foot clearance between itself and the
dumpster, and shall be at least one (1) foot higher than the highest part of the refuse container or containers
enclosed. Such enclosures shall be constructed of opaque materials similar to that of which the principal
building is constructed.
(2) Service doors and gates should be designed as an integral element of the building design and
screened from predominant public view.
(3) All open service areas, outdoor storage areas, or loading docks shall be screened by walls or
fences, six (6) feet minimum height, eight (8) feet maximum height, that effectively conceal such operations
from adjacent streets or adjacent residential districts.
(4) Equipment Screening: Mechanical equipment should be screened from predominate public view
by one of the following means:
A. By enclosure entirely within the structure of the building with access provided by opaque
service access doors, a portion of which may be exposed for meter reading.
B. By enclosure in a below grade vault or structure.
C. By provision of a fence or wall with a minimum opacity of fifty percent (50%) the top of
the fence or wall should be at least equal in height to the equipment screened but not higher than eight (8)
feet.
D. By combination of an open fence and adjoining planting that will reach a height sufficient to
screen the equipment within three years.
E. Residential gas meters serving individual dwelling units in groups not exceeding four meters,
individual commercial gas meters, and back flow preventers for irrigation systems not exceeding 2” nominal
size, are excluded from the screening requirement.
(m) Lighting.
(1) Exterior lighting must be designed, located, constructed, and maintained to minimize light
trespass and spill over off the subject property. To achieve this objective, the following are mandatory site
lighting requirements:
A. Area lighting fixtures must direct light downwardly, i.e. must be cut-off type fixtures.
B. The height of any freestanding parking lot light pole/fixture must be in the range of 12 to 18
feet above grade depending on location and function (pedestrian or parking lot lighting).
C. Exterior building light fixtures must not generate excessive light levels, cause glare, or direct
light beyond the façade onto neighboring property, streets, or the night sky. Strobe or flashing lights are not
permitted.
D. Security lighting must be from full cut-off type fixtures, shielded and aimed so that the light is
directed to the area that is being protected by light.
E. The average horizontal illumination levels on the ground should not exceed one-half (1/2) foot
candle.
(Ord. 2006-07. Passed 11-19-07.)
1153.01
1153.02
1153.03
1153.04
1153.05
1153.06
1153.07
1153.08
CHAPTER 1153
Development Requirements Applicable to All Zoning Districts
Conformance required.
Accessory buildings and uses.
Nonconforming uses.
Satellite earth stations.
Reserved.
Discontinued uses; abandoned lots and buildings.
Rules for computing parking spaces.
Minimum parking lot improvement and maintenance standards.
CROSS REFERENCES
Violations of zoning ordinances - see Ohio R.C. 713.13
Nonconforming uses - see Ohio R.C. 713.15
1153.01 CONFORMANCE REQUIRED.
Except as otherwise provided in this Zoning Ordinance:
(a) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any
building or land be used except for a purpose permitted in the district in which the building or land is
located.
(b) No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the
height limit herein established for the district in which the building is located.
(c) No building shall be erected, converted, enlarged, reconstructed or structurally altered except in
conformity with the area regulations of the district in which the building is located.
(d) The density and yard regulations of this Zoning Ordinance are minimum regulations for each
building existing at the effective date of this Zoning Ordinance and for any building hereafter erected or
structurally altered. No land required for yards or other open spaces about an existing building or any
building hereafter erected or structurally altered shall be considered a yard or lot area for more than one
building.
(e) Every building hereafter erected or structurally altered shall be located on a lot as defined in this
Zoning Ordinance and in no case shall there be more than one main building on a lot except as otherwise
provided in this Zoning Ordinance.
(f) No building shall be erected or structurally altered to the extent specifically provided in this Zoning
Ordinance except in conformity with the off-street parking and loading regulations of this Zoning Ordinance.
(g) Cooperatives, condominiums, and all other forms of property ownership do not affect the provisions
of this Zoning Ordinance and all requirements shall be observed as though the property were under single
ownership.
(h) Only those uses specified as permissive uses shall be permitted in a district. Conditional uses are
specific uses which require the approval of the Planning Commission.
(i) Home occupations as defined in this Zoning Ordinance are permitted in all residential districts.
(Ord. 98-13. Passed 9-8-98.)
(j) All development and redevelopment shall, to the extent practical, be guided by the principles
contained in the Grandview Heights Design Guidelines, as posted on June 24, 2009 on the City of Grandview
Heights website or available upon request from the City’s Building Department.
(Ord. 2011-13. Passed 7-18-11.)
1153.02 ACCESSORY BUILDINGS AND USES.
With the exception of accessory uses or structures associated with permitted schools whose requirements
shall be determined by the Planning Commission, an accessory use or structure shall only be permitted in
association with a principal use or structure within the City when the following requirements are met:
(a) It shall be fifty percent (50%) or less of the area of the foundation of the principal use or structure.
No accessory structure shall exceed 900 square feet. An accessory structure of up to 576 square feet is
allowable if the area of the foundation of the principal use or structure is less than 1,152 square feet. The
provisions in this subsection shall not apply to RPU Districts.
(b) It shall not contain or be used as a dwelling unit.
(c) It shall not exceed fifteen feet in height, except in RPU Districts when authorized by Council. For
a garage, the height is defined as the distance from the grade to the midpoint of the slope of the roof.
(d) It shall meet all yard requirements of the principal use except as specified in this Zoning Ordinance.
(e) Accessory structures and uses shall be permitted in the rear yard but shall be at least three feet from
all property and right-of-way lines, provided that ample yard space is left open for the entrance and use of
fire protection equipment. Detached garages shall not be located less than ten feet from a principal
structure. (Ord. 01- 10. Passed 6-4-01.)
(f) In the RS, RD, RA, and RPU Districts, accessory structure and uses are limited to: tennis court,
basketball court, playground structures, hot tub, gazebo, swimming pool, garden house, garage, carport,
pergola, barbecue oven, fireplace, ground level patio, detached ground level deck, greenhouse and similar
uses customarily accessory to residential uses.
(Ord. 2012-01. Passed 1-17-12.)
(g) In the commercial and industrial districts there may also be:
(1) Parking lots and garages conforming with the requirements of Chapter 1157.
(2) Use of not to exceed forty percent (40%) of the floor area of a building for incidental storage or
light industrial activity.
(h) There shall be the following additional regulations for accessory buildings:
(1) No accessory building shall be constructed upon a lot until the construction of the main building
has been actually commenced, and no accessory building shall be used unless the main building on the lot is
also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon
for the storage of tools and equipment by a contractor during building construction.
(2) No accessory building may be erected in front of a main building unless the accessory building is
attached to the main building by a common wall.
(Ord. 01-10. Passed 6-4-01.)
1153.03 NONCONFORMING USES.
(a) Nonconforming Use of Land. Where open land is being used as a nonconforming use, and such use
is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued
not later than two years from the date of passage of this section. During the two-year period, such
nonconforming use shall not be extended or enlarged either on the same or adjoining property. Any building
incident and subordinate to such use of land, such as a shed, tool house, storage building, office or trailer,
shall be removed at the end of the two-year period or, if such building is constructed so as to permit the
issuance of a permit for a use not excluded from the district, such building may remain as a conforming use;
thereafter, both land and building shall be used only as conforming uses.
(b) Nonconforming Use of Buildings. Except as otherwise provided herein, the lawful use of a building
existing at the effective date of this section may be continued although such use does not conform to the
provisions hereof. If no significant structural alterations are made, a nonconforming use of a building may be
changed to another nonconforming use of the same or of a more restricted classification. Whenever a
nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not
thereafter be changed to a less restricted use. The nonconforming use of a building may be hereafter
extended throughout those parts of a building which were lawfully and manifestly arranged or designed for
such use at the time of the enactment of this section.
(c) Discontinuance of Nonconforming Uses. No land, building, or portion thereof used in whole or in
part for a nonconforming use in a residential or commercial district, which remains idle or unused for a
continuous period of 180 days, whether or not the equipment or fixtures are removed, shall again be used
except in conformity with the regulations of the residential or commercial district in which it is located.
(d) Nonconforming Advertising Signs. All advertising signs in violation of the provisions of this section
shall be brought into conformity with all requirements of this section.
(e) Conditional Uses Not Conforming. Existing uses eligible for conditional use permits shall not be
nonconforming uses but shall require a conditional use permit for any alteration, enlargement, or extension.
(f) Intermittent Use. The casual, intermittent, temporary or illegal use of land or buildings shall not be
sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on a
part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(g) Existence of a Nonconforming Use. Whether a nonconforming use exists shall be a question of fact
and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with
the rules of such Board.
(h) Nonconforming Uses Not Validated. An illegal nonconforming use under the terms of the ordinance
which this Zoning Ordinance repeals shall not automatically become a legal nonconforming use by the
adoption of this Zoning Ordinance.
(Ord. 98-13. Passed 9-8-98.)
1153.04 SATELLITE EARTH STATIONS.
Satellite Earth Stations shall be no more than one meter in diameter when located in residential areas and
no more than two meters when located in a non-residential area, and may not be located in a front yard or on
a front facing roof slope.
(Ord. 2012-01. Passed 1-17-12.)
1153.05 RESERVED.
EDITOR’S NOTE: This section is reserved for future legislation.
1153.06 DISCONTINUED USES; ABANDONED LOTS AND BUILDINGS.
(a) Any principal use or building, where the use is discontinued for any period of time, shall be
securely locked to prevent the entrance of unauthorized persons and shall be maintained as may be necessary
to prevent the building or structure from deteriorating into a state of disrepair; the grounds shall be
manicured and kept free of weeds and rubbish. If the use is to be discontinued for a period of ninety days or
more, any outdoor facilities or special equipment shall be removed, enclosed or otherwise cared for in a
manner protecting the public interest. Use of a lot for parking or similar purposes, without a special permit
from the Board of Zoning Appeals, shall be deemed a new principal use and shall be subject to all
regulations of this Zoning Ordinance.
(b) Determination and Effect of Abandonment.
(1) It is hereby found and declared that every building which may be abandoned, in the manner
provided herein, is likely to constitute a public nuisance, by reason of the deterioration of the structures and
grounds resulting from a lack of maintenance and supervision, and which conditions cause a blighting
influence on nearby properties and depreciate the neighborhood to such an extent as to be harmful to the
public health, safety, welfare and morals. An abandoned building or lot is defined as one which has been
unoccupied for any six months in any twelve month period and for which maintenance and supervision has
not been performed.
(2) Whenever the Mayor or his authorized representative finds, upon investigation, a building or lot
which appears to have been abandoned, he shall hold a hearing on the question of abandonment. A notice of
the date of such hearing shall be sent to the owner of the property in question at least fifteen days before the
hearing date.
(3) The Mayor shall cause photographs for such building and grounds to be made and to be kept on
file in the office of the Director of Building and Zoning, together with a written report of the findings of the
aforesaid hearing.
(4) Within seven days after such hearing, the Mayor shall cause a written notice to be served on the
owner stating his determination as to whether the building or lot has been abandoned. Said notice shall state
that unless the owner shall cause the building and other improvements and the grounds on which the same are
located to be properly maintained, the City will cause such work to be done.
(5) In the event of the failure of the owner to immediately provide such maintenance or other work
required by these Codified Ordinances, the Mayor shall cause such work to be done and shall bill the cost
thereof to the owner, and if the same is not paid within a reasonable period of time, the Mayor shall cause
such cost to be levied as an assessment or he may commence a civil action for the recovery thereof.
(6) The notices above provided for shall be served either personally or by leaving a copy at the usual
place of resident or by mailing a copy by United States Certified Mail with return receipt requested to such
owner at this usual place of residence. If the service of said written notice is not perfected by any of the
said methods, the Mayor shall cause such notice to be published in a newspaper of general circulation in the
City of Grandview Heights once each week for two consecutive weeks, and shall further cause a copy of the
notice to be posted on the premises.
(7) The owner may, within ten days after completion of the service of said notice of the findings of
the hearing, appeal to the City Council the determination that the building has been abandoned. Council
shall give the Appellant at least five days written notice of the date fixed for such hearing, and shall give
Appellant written notice of its decision on such appeal. (Ord. 98-13. Passed 9-8-98; Ord. 2012-01. Passed
1-17-12.)
1153.07 RULES FOR COMPUTING PARKING SPACES.
In computing the number of required off-street parking spaces, the following rules shall apply:
(a) Floor area shall mean the gross floor area of the specific use, excluding any floor or portion thereof
used for parking, as herein defined.
(b) Where fractional spaces result, the parking spaces required shall be the nearest whole number.
(c) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the
various uses computed separately.
(d) Whenever a building or use constructed or established after the effective date of this section, is
changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or
otherwise, parking spaces shall be provided on the basis of the enlargement or change. Whenever a building
or use existing prior to the effective date of this section is reconstructed, changed, or enlarged to the extent
of twenty percent (20%) or more in floor area, such building or use in its entirety shall then thereafter
comply with the parking requirements set forth herein. Any enlargement or change in use of less than twenty
percent (20%) of the gross floor area shall be provided with parking based on the enlargement or change.
1153.08 MINIMUM PARKING LOT IMPROVEMENT & MAINTENANCE STANDARDS.
Parking lots and storage garages shall conform with the following improvement and maintenance
standards:
(a) Such lot shall be surfaced either with concrete not less than six inches in thickness or with
bituminous surface of not less than two inches in depth on top of a compacted, crushed stone base not less
than six inches in depth, or with any surfacing adjudged by the City Engineer to be equal or superior to
either or these types.
(b) Provision shall be made for the disposal of storm water so that such water shall not flow onto
adjoining property or adjacent sidewalks in a quantity or manner that would be detrimental thereto, or
inconvenient to persons using the sidewalk.
(c) A structurally sound wall or other protective device approved by the City Engineer to ensure safety
shall be installed around each side of the parking lot wherever such lot adjoins a public street, sidewalk, or
alley. An adequate retaining wall shall be installed wherever necessary to prevent the washing of soil to and
from adjoining property and a wall.
(d) The location and width of entrances and exits to and from the lot or garage shall be as determined
by the City Engineer, but there shall not be more than one entrance and one exit, or one combined entrance
or exit, along any one street unless same is deemed necessary for the alleviation of traffic congestion and
interference of traffic movement along such street.
(e) The location of each parking space and the location and direction of movement along the driveways
providing access thereto shall be indicated by painting upon the surface, by raised directional signs, or by
markers or other similar measures placed in the surfacing, where required by the City Engineer.
(f) Whenever a parking area extends to a lot line, street curb, sidewalk, planter strip, or building, a
wheel stop device consisting of blocks, a permanent curb, expanded sidewalk, or other suitable restraint shall
be installed to prevent any part of a parked motor vehicle from extending beyond the property line,
overhanging a pedestrian walkway or sidewalk, or damaging any building, structure or landscaping.
(g) A sign, the size and character of which shall be approved by the Director of Building and Zoning,
shall be installed showing the ownership of the lot or garage and the permitted use thereof. If the lot or
garage is so operated that a charge is made for the use of the parking facilities, the rates for parking shall be
legibly shown upon the sign.
(h) Any person operating a parking lot or garage shall either:
(1) File with the City a bond in such form as may be prescribed by the City Attorney
and in such amount as required by the Director of Building and Zoning which shall be
surety for any judgment for damages rendered against the operator of the parking lot,
resulting to person or property, when incurred while using the parking lot; or,
(2) Carry public liability insurance in such amount as may be required by the
Director of Building and Zoning.
(i) Parking spaces shall be constructed of either impervious material such as macadam, asphalt,
asphaltic concrete or paving brick, or pervious material such as marble chips or loose gravel, to a minimum
depth of four inches. However, any repair or partial replacement of parking spaces constructed of
impervious materials must be completed with the same or similar impervious material.
(j) Parking spaces shall be maintained free of weeds and other debris.
(k) When a parking space is constructed of pervious material such as loose gravel or marble chips, a
border made of material sufficient to clearly define the parking space from the adjacent lawn area or an
adjacent property shall exist at all times. Such border shall also prevent the spread of parking space materials
to adjacent lawn areas or property and vice versa. The border material shall be subject to the approval of the
Director of Building and Zoning.
(l) No person shall park or stand a vehicle, except a bicycle, in a front, side, or rear yard unless a
parking space or driveway is constructed and maintained in accordance with this section.
(m) Adjacent street and alley surfaces shall be kept free of parking space construction materials.
(n) Any parking lot or parking space not in conformity with the regulations of this section is hereby
declared to be a nuisance and therefore immediately becomes unlawful, even if such use existed prior to this
section.
1155.01
1155.02
1155.03
1155.04
1155.05
1155.06
1155.07
1155.08
1155.09
1155.10
1155.11
1155.12
1155.13
1155.14
1155.15
CHAPTER 1155
Development Requirements Applicable to Residential Zoning Districts
RS-1 Residential District.
RS-2 Residential District.
RD Residential District.
RA Residential District.
RPU Residential Planned Unit District.
Home occupations.
Aesthetic review procedure.
Demolition procedure.
Additional yard requirements.
Exceptions to lot area and width requirements.
Permitted encroachments into yard.
Exceptions to height limitations.
Off-street parking requirements.
Construction and location of required parking spaces.
Fence regulations.
CROSS REFERENCES
Appeals from zoning decisions – see Ohio R. C. 713.11, Ch. 2506
Violations of zoning ordinances – see Ohio R. C. 713.13
Nonconforming uses – see Ohio R. C. 713.15
1155.01 RS-1 RESIDENTIAL DISTRICT.
(a) Permissive Uses.
(1) Single-family dwelling.
(2) Public park or playground.
(Ord. 98-13. Passed 9-8-98.)
(3) Public elementary school, secondary school or private school having a curriculum equivalent to
that of a public elementary or high school and having no rooms regularly used for housing or sleeping
purposes, and provided that the word “school” as used in this connection shall not include vocational or trade
schools. In addition, such permitted schools are allowed accessory uses and structures as normally related to
school activities and as approved by the Planning Commission. In addition, ground signs, wall signs, and
post signs may be allowed on school property subject to the approval of the Planning Commission and
subject to other relevant signage restrictions as set forth in the Zoning Ordinance.
(Ord. 01-10. Passed 6-4-01.)
(4) Accessory uses and structures in association with permitted dwellings.
(5) “Type B” family day-care home as defined in Ohio R. C. 5104.01.
(6) Recycling drop-off station, provided it shall be located at a government center, not occupy an
area of more than 200 square feet, not interfere with parking requirements of the principal use, and be set
back at least ten feet from any property line.
(b) Conditional Uses.
(1) Two-family dwelling, provided its location is where more than fifty percent (50%) of the existing
buildings on the same side of the street between the nearest two intersecting streets are being used as
two-family or two-family and multiple-family dwellings at the time the application for such conditional use is
filed with the Planning Commission.
(2) Church or other place of worship.
(3) Public Library
(4) Public building erected and/or owned by the City
(5) Bed and Breakfast
(c) Development Standards.
(1) Minimum lot requirements.
A. Lot area: 10,000 square feet for non-corner lots; 13,500 square feet for corner lots.
B. Lot width: Sixty feet for non-corner lots; eighty feet for corner lots.
(2) Minimum yard requirements.
A. Side yard: For dwellings or associated accessory buildings there shall be a total side yard of
twenty-five feet in width or more with a minimum of ten feet in width on each side.
B. Front yard: Minimum thirty feet or average of adjacent existing dwelling setbacks, as defined
under “frontage” in Section 1133.02(45), whichever is greater.
C. Rear yard: For main buildings there shall be a minimum rear yard of twenty percent (20%) of
the lot depth, but it need not exceed thirty feet.
(3) Maximum lot coverage shall be thirty-five percent (35%).
(4) Maximum height of principal building shall be two and one-half stories and shall not exceed
thirty-five feet.
(Ord. 98-13. Passed 9-8-98.)
1155.02 RS-2 RESIDENTIAL DISTRICT.
(a) Permissive Uses. Any permissive use of the RS-1 Residential District.
(1) Two-family dwelling, provided its location is where more than fifty percent (50%) of the existing
buildings on the same side of the street between the nearest two intersecting streets are being used as
two-family or two-family and multiple-family dwellings at the time the application for such conditional use is
filed with the Planning Commission.
(2) Church or other place of worship.
(3) Public Library.
(4) Public building erected and/or owned by the City.
(5) Utility communication tower, provided it shall be located on governmental or school property of
at least two acres, not interfere with parking requirements of the principal use, and be set back at least thirty
feet from any adjacent residential property line.
(c) Development Standards.
A. Lot area: 6,000 square feet; 8,200 square feet for corner lots.
B. Lot width: Forty feet; sixty feet for corner lots.
A. Side Yard: For dwellings or associated accessory buildings there shall be a total side yard of
twelve feet or more with a minimum of six feet in width on each side.
B. Front Yard: Minimum thirty feet or average of adjacent existing dwelling setbacks, as defined
C. Rear Yard: For main buildings there shall be a minimum rear yard of
twenty percent of the lot depth, but it need not exceed thirty feet.
(3) Maximum lot coverage shall be forty percent (40%).
(4) Maximum height of principal building shall not exceed two and one-half stories or thirty-five
feet.
(Ord. 98-13. Passed 9-8-98.)
1155.03 RD RESIDENTIAL DISTRICT.
(1) Any permissive use of the RS Districts.
(2) Two-family dwelling.
(b)
Conditional Uses.
(1) Any conditional use of the RS-2 district, except utility communication towers.
(2) Nursing, residential care facility, hospice.
(3) Town house and three- or four-family dwelling where the area being developed is one-half acre
in area or larger.
(c)
Development Standards.
A. Lot area: 6,000 square feet and a minimum of 3,500 square feet per dwelling unit.
B. Lot width: Forty feet for single-family dwelling; sixty feet for two-family dwelling.
A. Side Yard: For dwellings or associated accessory buildings there shall be a total side yard of
fifteen feet or more with a minimum of six feet in width on each side.
C. Rear Yard: For main buildings there shall be a minimum rear yard of twenty percent (20%) of
(3) Maximum lot coverage shall be thirty percent (30%).
thirty-five feet.
(Ord. 98-13. Passed 9-8-98.)
1155.04 RA RESIDENTIAL DISTRICT.
(1) Any permissive use of the RD District.
(2) Multi-family dwelling.
(b)
(c)
Conditional Uses.
(1) Any conditional use of the RD District.
A. Lot Area: 6,000 square feet and a minimum of 3,500 square feet per dwelling unit.
B. Lot Width: Forty feet for a single-family dwelling; sixty feet for a two-family dwelling; sixty
feet plus ten feet additional for every dwelling unit above two.
A. Side Yard: Ten feet on each side.
C. Rear Yard: For main buildings there shall be a minimum rear yard of twenty percent (20%) of
(3) Maximum lot coverage shall be thirty percent (30%).
thirty-five feet.
(Ord. 98-13. Passed 9-8-98.)
1155.05 RPU RESIDENTIAL PLANNED UNIT DISTRICT.
(a) Permitted Uses.
(1) Single-family dwelling.
(2) Two-family dwelling.
(3) Townhouse.
(4) Multi-family dwelling.
(5) Accessory uses and structures.
(6) Public uses.
(7) Quasi public uses.
(b)
(c)
Conditional Uses. Not applicable.
A. Lot Area: Two acres.
B. Lot Width: 250 feet.
C. Lot Depth: 250 feet.
(2) Minimum yard requirements. None specified, but must be approved by Council, which shall
consider all applicable official planning studies and Planning Commission recommendations.
(3) Maximum lot coverage. Thirty-five percent (35%), but must be approved by Council, which
shall consider all applicable official planning studies and Planning Commission recommendations.
(4) Maximum height of principal building. None specified, but must be approved by Council, which
shall consider all applicable official planning studies and Planning Commission recommendations.
(5) Special considerations.
A. The final development plan shall follow all applicable procedures, standards and requirements
of the ordinance governing the subdivision of land. The final development plan shall be prepared by and have
the seal of an architect and an engineer, both of whom are duly registered to practice in this State. No
building permit shall be issued until a final plat of the proposed development is approved and recorded.
B. The Planning Commission shall review the conformity of the proposed development with the
standard of the official City plan and recognized principles of civic design, land use planning and landscape
architecture. The minimum yard and maximum height requirements of the district in which the development
is located shall not apply except that a minimum of not less than thirty feet shall be provided around the
boundaries of the area being developed.
C. The Planning Commission may impose conditions regarding the layout, circulation and
performance of the proposed development. A plat of development shall be recorded regardless of whether a
subdivision is proposed and such plat shall show building lines, common land, streets, easements and other
applicable features required by the Subdivision Regulations. The number of dwelling units permitted shall be
determined by dividing the net development area by the minimum lot areas per family required by the district
or districts in which the area is located. Net development area shall be determined by subtracting the area set
aside for churches, schools or other nonresidential uses from the gross development area and deducting
twenty percent (20%) of the remainder for streets, regardless of the amount of land actually required for
streets. The area of land set aside for common open space or recreational use shall be included in
determining the number of dwelling units permitted.
D. The Commission may hold one or more public hearings on a final development plan. The
recommendation of the Commission shall be forwarded to Council, which shall approve or disapprove the
action of the Commission with or without modification and after public hearing. After approval by Council
and after any required restrictions are in effect, the Director of Building and Zoning may issue permits
enabling the approved final development plan to be carried out.
(Ord. 98-13. Passed 9-8-98.)
1155.06 HOME OCCUPATIONS.
(a) Home occupations shall be permitted in residential districts only if the following criteria are met:
(1) Only members of the family residing within the dwelling shall be engaged in such occupation at
that location.
(2) The occupation, except for storage, is conducted entirely within the principal building and the
space used for production and sale does not occupy more than twenty percent (20%) or 400 square feet,
whichever is the lesser, of the net floor area of the dwelling unit.
(3) That the residential character of the dwelling and accessory structures be preserved and that no
structural alterations or construction features of a non-residential nature be incorporated.
(4) No retail or wholesale goods, except those which are produced or processed on the premises,
shall be exchanged or sold on the property.
(5) There is no sign or display that will indicate from the exterior that the building is being utilized
in whole or in part for any purpose other than that of a dwelling.
(6) No mechanical equipment or process shall be used which will create any noise, odors, fumes,
glare, vibrations or electrical disturbances objectionable to the senses of a reasonable person beyond the lot.
(7) Storage of materials, goods, supplies or equipment related to the operation of a home occupation
shall be inside a permanent structure.
(8) Pedestrian or vehicular traffic shall not be generated by such home occupation in significantly
greater volume than would normally be expected in the residential neighborhood and that the number of
deliveries, pick-ups, or origin or destination trips relating to this home occupation shall not exceed five per
day.
(9) Any need for parking generated by the conduct of such home occupation shall be in the driveway
or a parking area on the lot, except for short- term parking of less than one-half hour.
(10) Solid waste in excess of one thirty-three-gallon trash container per week resulting from a home
occupation shall not be placed for residential solid waste collection.
(11) Usage of hazardous production materials, as defined by the BOCA National Fire Prevention
Code, are prohibited in home occupations unless in such quantities or of such nature as approved by the Fire
Marshal upon application.
(b) Any person, firm, or corporation violating any of the provisions of this section shall be deemed
guilty of a minor misdemeanor and upon conviction of a subsequent violation of the same provision within
one year when the same is so specified in the complaint shall be guilty of a misdemeanor of the fourth
degree. Each day that a violation occurs shall constitute a separate and complete offense.
(Ord. 98-13. Passed 9-8-98.)
1155.07 AESTHETIC REVIEW PROCEDURE.
(a) Purpose. The purpose of this review by the Director of Building and Zoning pursuant to Section
1137.06 or by the Board of Zoning Appeals hereunder is to assure that all structures are constructed or
altered so as to maintain the high character of the community development and to protect real estate within
this City from impairment or destruction of value, by regulating according to proper architectural principles
the design, use of materials, finished grade, lines and orientation of all new buildings hereafter erected; the
moving, alteration, improvement, repair, adding to or razing in whole or in part of all existing buildings; and
the Board shall exercise its powers and perform its duties for the accomplishment of such purposes only.
This section is intended to prevent the impairment of stability and value of both improved and unimproved
property and the degeneration of conditions affecting the health, safety, comfort, and general welfare of the
inhabitants. (Ord. 98-13. Passed 9-8-98.)
(b) The Board has the authority to hear and decide applications for building permits in residential
neighborhoods where the Director of Building and Zoning has determined that the aesthetic values of the
neighborhood would be endangered. In hearing and deciding such applications, the Board shall use as
guiding principles the Grandview Heights Design Guidelines posted on June 24, 2009 on the City of
Grandview Heights’ website or available upon request from the City’s Building Department. The Board
may approve, approve conditionally subject to specified modifications or disapprove any application for a
building permit referred to it by the Director of Building and Zoning as set forth in Section 1139.04 hereof,
provided that such disapproval shall be by the majority vote of all of the members of the Board present at any
meeting where such vote is taken, and provided that the Board finds that the building for which the permit
was applied would if erected be so detrimental to the desirability, property values or development of the
surrounding area as to provoke one or more of the harmful effects set forth in subsection (a) hereof, by
reason of:
(1) Excessive similarity to any other structure existing or for which a permit has been issued or to
any other structure included in the same permit application, facing upon the same street and within 250 feet
of the proposed site, in respect to one or more of the following features of exterior design and appearance:
A. Apparently identical facade.
B. Substantially identical size and arrangement of either doors, windows, porticos, or other
openings or breaks in the facade facing the street, including reverse arrangement.
C. Other significant identical features of design, provided that a finding of excessive similarity
shall state not only that excessive similarity exists, but further that it is of such a nature as to be expected to
provoke one or more of the harmful effects set forth in subsection (a) hereof.
(2) Excessive dissimilarity in relation to any other structure existing or for which a permit has been
issued, or to any other structure included in the same permit application, facing upon the same street or
intersecting street and within 250 feet of the proposed site in respect to one or more of the following
features:
A. Cubical contents.
B. Gross floor area.
C. Height of building or height of roof.
D. Other significant design features such as materials or quality of architectural design.
(3) Inappropriateness in relation to the established character of other structures in the immediate area
or neighboring areas in respect to significant design features such as materials or quality of architectural
design, provided that a finding of inappropriateness shall state not only that such inappropriateness exists, but
that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects set forth
in subsection (a) hereof, and that the finding is not based on personal preference as to taste or choice of
architectural style.
1155.08 DEMOLITION PROCEDURE.
(a) Purpose. The Board of Zoning Appeals is authorized to hear and decide applications for a
demolition permit to raze a dwelling unit in any residential district. The purpose of the following
comprehensive review is to protect the high quality of the community’s residential character and preserve the
architectural design, historic elements, and other significant design features that contribute to that character
by regulating the demolition of existing residential structures.
(b) Application for Demolition Permit.
(1) Application. An application for a demolition permit to remove a dwelling unit in a residential
district shall be filed by the applicant, with the authorization of property owner if the owner is not the
applicant, on a form provided by the Director of Building and Zoning. Nothing shall prevent the concurrent
submittal of an application for a zoning map change or variance, if required.
(2) Submittal Requirements. The applicant shall submit the following with his application:
A. Site plan indicating property information, lot lines, existing and proposed building footprint,
drawn to scale.
B. Detailed architectural plans for proposed replacement structure, with an embossed architectural
seal.
C. Affidavit from applicant stating specific intent regarding the replacement structure and time
lines.
D. A copy of the agreement between the applicant and a licensed demolition contractor and a
copy of the contractor’s demolition license.
(3)
Procedure.
A. A copy of the application shall be submitted to the Director of Building and Zoning not less
than fifteen days prior to the date of the public hearing.
B. The Director of Building and Zoning shall review the application and attach a statement of
zoning compliance indicating whether or not the proposed redevelopment complies with all applicable use
and development requirements.
C. The Board shall hold a public hearing and act upon the application.
(4) Approval.
A. The Board shall review an application for a demolition permit to determine whether the
application is complete and whether the proposed demolition and replacement plans comply with the purpose
set forth within this section and the requirements of the Zoning Ordinance.
B. Upon approval by the Board, the Director of Building and Zoning shall issue a demolition
permit.
C. A demolition permit does not become effective until all approvals necessary for the project,
including any zoning map amendment or zoning variances have been approved by the appropriate body(ies).
D. A demolition permit automatically expires one year from its effective date.
E. A demolition permit is not transferable.
(Ord. 98-13. Passed 9-8-98.)
1155.09 ADDITIONAL YARD REQUIREMENTS.
(a) Yard Requirements for Corner Lots.
(1) In residential districts, the side yard requirements for corner lots shall be twenty feet, except that
for lots of forty-one to fifty feet it shall be fifteen feet, and for lots of forty feet or less it shall be ten feet.
(2) In residential districts, accessory uses and detached structures shall be located a minimum of five
feet farther back from the side street than the principal structure is allowed.
(3) No sign, fence, wall, shrub, or other obstruction to vision exceeding forty-two inches in height
above the established street grade shall be erected, planted or maintained within the area of a corner lot that
is included between the lines of the intersecting streets and a straight line connecting them at points
twenty-five feet distant from the intersection of the street lines. Trees trimmed to ten feet above street are
permitted.
(b) Access from Buildings to Streets. Every building hereafter erected or moved shall be on a lot
adjacent to a public street or with access to an approved private street, and all structures shall be so located
on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
(c) Through Lots. On through lots, no structure or accessory use shall be permitted within thirty feet of
the rear lot line.
(d) Other General Requirements.
(1) Where a frontage is divided among districts with different front yard requirements, the deepest
front yard required shall apply to the entire frontage.
(2) Required front yards shall be devoted to landscaped area and the necessary paving of driveways
and sidewalks to reach parking or loading areas in the side or rear yard and front porches.
(3) Free-standing air conditioning units are prohibited in the front yard.
(4) The minimum width of side yards for schools, libraries, churches, community buildings, and
other public buildings in residential districts shall be twenty-five feet, except where a side yard is adjacent to
a commercial or industrial district, in which case, the width of that yard shall be as required in the district in
which the building is located.
(Ord. 98-13. Passed 9-8-98.)
1155.10 EXCEPTIONS TO LOT AREA AND WIDTH REQUIREMENTS.
The minimum lot area and width requirements established in the Zoning Ordinance may be modified by
the Board of Zoning Appeals as follows:
(a) Where a lot of record as of October 4, 1990, has less area or width than herein required in the
district in which it is located, such lot may nevertheless be used for a one-family dwelling or for any
non-dwelling use permitted in the district in which it is located.
(b) Existing buildings that are in violation of lot area requirements may be remodeled or repaired, but
may not be reconstructed or structurally altered unless made to conform to these requirements.
(Ord. 98-13. Passed 9-8-98.)
1155.11 PERMITTED ENCROACHMENTS INTO YARDS.
The yard spaces required for a use or structure shall remain free of all uses or structures with the
following exceptions:
(a) Fences shall be permitted in any required yard or along the edge of any yard, unless regulated or
prohibited by other sections of the Zoning Code.
(b) Eaves, cornices, window awnings, window sills and belt courses, chimneys and window air
conditioner units may project into any required yard a distance not to exceed two feet.
(c) Unenclosed porches may extend ten feet into the required front yard. Porches in the required rear
yard are permitted if they meet all accessory use requirements.
(d) Parking areas shall be permitted in required yards only as specified in Chapter 1153.
(Ord. 98-13. Passed 9-8-98.)
(e) A proposed addition to a non-conforming residential structure in the RS-1 and RS-2 Residential
Districts may encroach up to two feet into the required side yard setback if the proposed addition is sited a
minimum of eight (8) inches further in from the property line than the existing structure and if fire safety and
Building Code requirements are met.
(Ord. 2011-13. Passed 7-18-11.)
1155.12 EXCEPTIONS TO HEIGHT LIMITATIONS.
The height limits established in this chapter or Sections 1155.01 to 1155.04 may be exceeded in the
following instances:
(a) Public, semi-public or public service buildings, or schools when permitted in a district, may be
erected to a height not exceeding 110 feet and churches and other places of worship may be erected to a
height not exceeding seventy-five feet if the building is set back from each yard at least one foot for each foot
of additional building height above the height limit otherwise permitted in the district in which the building is
built.
(b) Television and radio towers, stage towers or scenery lofts, cooling towers, ornamental towers and
spires, chimneys, elevator bulkheads, stacks, conveyors and flagpoles may be erected to such height as may
be authorized by law, or by the Board or Commission, as applicable.
(Ord. 98-13. Passed 9-8-98.)
1155.13 OFF-STREET PARKING REQUIREMENTS.
Off-street parking spaces shall be provided as follows:
(a) Single-family and two-family dwellings: Two spaces per dwelling unit.
(b) Multiple-family dwellings: One space for each bedroom; one space for each dwelling unit for
independent housing constructed for the elderly.
(c) School: For high school, two spaces per classroom, one for every ten students for whom the facility
is designed; for elementary and middle schools, two parking spaces per classroom.
(d) Nursing home, residential care facility, hospice: one-half space per bed.
(e) Church or other place of worship, auditoriums, theaters and other places of public assembly: One
parking space for each five seats.
(f) Community center, library, museum, or similar public or semi-public building: One parking space
for each 300 square feet of floor area in the building.
(Ord. 98-13. Passed 9-8-98.)
1155.14 CONSTRUCTION AND LOCATION OF REQUIRED PARKING SPACES.
(a) Each off-street parking space shall have dimensions and shall be served by aisle widths that are no
less than the following dimensions, and shall all be of usable shape and condition.
Mini
Mini
mum
Width
mum
Lengt
Aisle
h
90-degree angle parking
9 ft.
19 ft.
22 ft.
Parallel parking
10 ft.
23 ft.
14 ft.
10 ft.
19 ft.
20 ft.
10 ft.
20 ft.
20 ft.
(b) Driveways serving non-residential parking areas shall have a minimum width of eighteen feet and a
maximum width of twenty-five feet, except curb returns.
(c) No parking space shall be located in the front yard or side yard of any R District, except in a
driveway of legal dimensions and construction.
(d) The total area of the rear yard occupied by driveway and parking spaces shall not exceed more than
forty-five percent (45%) of the total rear yard area.
(e) The parking area of parking lots located in residential districts shall not extend closer than eight feet
from the lot line of adjacent property.
(Ord. 98-13. Passed 9-8-98.)
Minimum
Stall Width
1155.15 FENCE REGULATIONS.
The following fence regulations shall be observed:
(a) No fence more than thirty percent (30%) solid or more than forty-two inches in height above the
established street or alley grade shall be erected within the corner area of a lot that is included between the
lines of two intersecting streets, two intersecting alleys, or the intersection of a street and alley and a
straight line connecting them at points twenty-five feet distant from the center of said intersection. (Ord.
2012-01. Passed 1-17-12.)
(b) No fence shall be erected in any front yard.
(c) No fence shall be erected in any side or rear yard that is adjacent to the front yard of a neighboring
lot without prior approval of the Board of Zoning Appeals.
(d) No fence shall be erected in the rear or side yard adjacent to the street/alley of a corner lot without
prior approval of the Board of Zoning Appeals.
(e) Except as provided in subsections (a), (b), (c), and (d) hereof, fences not over five feet high may be
located on any part of a lot.
(Ord. 98-13. Passed 9-8-98.)
(f) Except as provided in subsections (a) and (c) hereof, fences not over six feet high may be erected on
those parts of a lot that are as far back or farther back from the street as ten feet forward of the rear of the
main building.
(Ord. 2012-01. Passed 1-17-12.)
(g) Every swimming pool, including existing swimming pools, shall be completely enclosed by a fence
of sturdy construction not less than forty-five inches in height, measured from the level of the ground where
located, which shall be of such design and construction as to effectively prevent a child from crawling or
otherwise passing through or under such fence. Each gate in such fence shall be provided with a secure lock
and shall be kept locked at all times when the depth of water in the pool exceeds eighteen inches, unless such
pool is in use or is under the immediate observation of a responsible person. No part of any fence shall be
located between the building setback line fixed by the Zoning Ordinance and the street on which the lot or
parcel abuts.
(h) No person, firm or corporation shall construct any barbed wire, metal pronged or spiked fence in a
residential district.
(i) No electric current shall be applied to any fence.
(j) Fences shall be erected with the posts and other supporting structural elements facing inward toward
the principal structure and concealed from view of the adjoining properties whenever possible.
(Ord. 98-13. Passed 9-8-98.)
CHAPTER 1157
Development Requirements Applicable to Non-Residential Zoning Districts
1157.01
C-1 Limited Commercial District.
1157.02
C-2 Community Commercial District.
1157.03
C-3 Planned Commercial District.
1157.035 PCD Planned Community District.
1157.04
M-1 Light Industrial District.
1157.045 Planned Unit Development (PUD) District.
1157.05
Demolition of commercial structures.
1157.06
Site plan review.
1157.07
Development standards and design standards.
1157.08
Fence regulations.
1157.09 Grandview Commerce Mixed Use District.
CROSS REFERENCES
Appeals from zoning decisions – see Ohio R. C. 713.11, Ch. 2506
Violations of zoning ordinances – see Ohio R. C. 713.13
Nonconforming uses – see Ohio R. C. 713.15
1157.01 C-1 LIMITED COMMERCIAL DISTRICT.
(a) Permitted Uses.
(1) Professional offices
(2) Administrative business operations
(3) Clinic
(4) Town Center Business
A. Antique store
B. Art gallery
C. Optical goods store
D. Book and/or stationery store
E. Jewelry store
F. Camera and photographic supply store
G. Photographic studio
H. Funeral home
I. Educational and research services
J. Gift/home accessories store.
(1) Any conditional use of the RS-2, and RD Districts
(2) General Business Uses of a scale and intensity similar to C-1 permitted uses
(3) Residence
(Ord. 09-06. Passed 4-6-09.)
(c) Development Standards. Prior to the issuance of a Zoning Certificate for development in the Limited
Commercial District (C-1), a site plan review as defined in Section 1157.05 is required.
(Ord. 98-13. Passed 9-8-98.)
1157.02 C-2 COMMUNITY COMMERCIAL DISTRICT.
(a) Permitted Uses.
(1) Professional offices
(2) Administrative business operations
(3) Medical office building
(4) Movie theater
(5) Photo, dance, art, music studio
(6) Restaurant without drive-through
(7) General Business Uses as defined in Section 1133.02.
(8) Office Building.
(1) Automobile service station
(2) General service or repair establishments, including plumbing, heating, printing, painting,
upholstering, dyeing, cleaning works, or laundry
(3) Residence, when located on the second story or above
(4) Private school
(5) Wholesale business, including accessory storage or warehouse facilities when located entirely
within an enclosed building
(6) Printing and related trades: publishing, including newspaper publishing, job printing,
lithography, and blueprinting
(7) Restaurant with drive-through
(8) Auto repair with body shop
(9) Adult bookstore as defined in Section 1133.02(3)
(10) Adult motion picture theater as defined in Section 1133.02(4)
(11) Child day-care center as defined in Ohio Revised Code 5104.01.
(12) Private club
(13) Fitness Center.
(14) Hotel. (Ord. 2009-06. Passed 4-6-09.)
(c) Restrictions. No adult bookstore or adult motion picture theater shall be established within 500 feet
or less of any Residential or C-1 Limited Commercial zoned area or parcel, or of any church, school, park,
playground, or public library. No adult bookstore or adult motion picture theater shall be established within
1,000 feet of another adult bookstore or adult motion picture theater.
(d) Development Standards. Prior to the issuance of a Zoning Certificate for development in the
Community Commercial District (C-2), a site plan review as defined in Section 1157.06 is required.
(e) Supplementary Standards for Conditional Uses. All conditional uses shall meet the minimum
requirements established by Section 1157.06 unless modified by this section:
(1) Purpose and intent. The purpose of this section is to establish supplementary standards for certain
land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general
standards of Section 1157.06 are met. It is the intent of this section to establish appropriate standards for
permit processing and for location, design and operation of conditional uses to ensure that they will be
developed in a manner consistent with the purpose of the Community Commercial District.
(2) Child care centers.
A. Minimum Lot Area: Sufficient to accommodate an appropriately designed facility including
buildings, required yards, landscaping, drop-off area, and circulation space.
B. Required Outdoor Play area: There shall be provided a fenced outdoor play area containing at
a minimum, the number of square feet required for State of Ohio licensing requirements.
C. Required Access and Loading/Unloading:
1. An on-site drop-off area shall be provided at the main entrance to the facility sufficient to
accommodate four automobiles for facilities with twenty or fewer children plus one additional vehicle for
each additional ten children served. The drop-off area may either be in the form of spaces parallel to an
access drive adjacent to the building or additional parking spaces beyond code requirements.
2. Access from an arterial or collector street is required or access shall be provided in a
manner that does not cause heavy traffic on residential streets.
D. Required Fencing: All outdoor play areas shall be enclosed by a wall, solid fence, or chain
link fence planted with a continuous evergreen screen; such wall or fence shall be six-foot high.
E. Hours of Operation: Use of outdoor play areas shall be limited to between the hours of 8:00
a.m. and 8:00 p.m.
(Ord. 98-13. Passed 9-8-98.)
1157.03 C-3 PLANNED COMMERCIAL DISTRICT.
(a) Permitted Uses.
(1) A building or premises may be used only for the retail sale of merchandise; services; general and
professional offices; recreational uses, except outdoor theaters; parking areas; and other facilities ordinarily
accepted as shopping center uses.
(2) Before land is used or a building erected or used for any of the above purposes, a preliminary
plan and a final plan shall be approved by the Planning Commission for all contiguous property within this
district in any one location. The Commission shall have thirty days to consider and approve or reject a
preliminary plan, with or without modifications, although this period may be extended by agreement of the
parties concerned. Rejection of a preliminary or final plan by the Planning Commission may be appealed to
Council. Upon such appeal, the Planning Commission shall transfer its reasons for disapproval to Council
which may then approve the plan only by a five-sevenths or more vote of its membership.
Final plans will be approved when in accordance with approved preliminary plans.
From time to time the proponents may make minor changes in the approved final plan
so long as such changes have been approved by the Director of Building and Zoning or
upon denial of approval by such Director of Building and Zoning, with the approval of
the Commission. What constitutes a “minor” change will be determined in the sole
discretion of the Director of Building and Zoning. No building or occupancy permits
shall be issued for any building or use that is not in accordance with an approved final
plan.
(b)
Minimum lot area requirement is one acre.
(c)
The Preliminary Plan. The Preliminary Plan shall:
(1) Be drawn to scale.
(2) Show boundaries of property to be developed.
(3) Show the proposed number, size, location, use and arrangement of stalls for cars, entrance and
exit driveways, loading areas, and their relationship to existing and proposed streets.
(4) Indicate location, type, use and sizes of structures on adjacent properties within 200 feet of the
proposed development.
(5) Provide for the dedication of any rights-of-way for the widening, extension or connection of
major streets as shown on the official plan.
(6) Indicate the stages, if any, which will be followed in construction.
(d) The Final Plan. The Final Plan shall be the standard plot plan required to obtain a building permit
and shall include all requirements of the preliminary plans and it shall show the types of uses to be
accommodated in each building or portion thereof.
(Ord. 98-13. Passed 9-8-98.)
1157.035 PCD PLANNED COMMUNITY DISTRICT.
(a)
Purpose and Intent.
(1) Purpose. The Planned Community District (PCD) shall allow for a mixture of land uses within
such district in order to:
A. Respect the unique characteristics of the site and surrounding uses;
B. Encourage imaginative arrangements of land use types that complement one another and the
character of the surrounding community;
C. Provide amenities that encourage pedestrian activity;
D. Allow a development pattern which preserves and utilizes the natural topography, geologic
features, vegetation and drainage; and
E. Recognize the need to mitigate the impacts of incompatible land uses.
(2) Intent. The intent of this section is to allow the applicant to lessen the development standards in
some areas in exchange for an increase in development standards in another or others.
(3) Process. The process for achieving the stated purposes and intent is to require the submission
and approval of a Development Plan for the total proposed development prior to obtaining a Zoning
Certificate as part of the approval for the construction of any portion of the area. A Concept Plan may be
submitted for approval prior to the submission of the Development Plan. As part of the Concept or
Development Plan, whichever is submitted first, the applicant must prepare and submit a Development
Standards Text that identifies any development standard that is less restrictive than the standards set forth in
this section or other sections of the Zoning Code. As part of the Development Standards Text, the applicant
must justify the proposed modifications of these standards by clearly demonstrating that the proposed
development goes beyond the minimum requirements in other areas and will result in a development superior
to that which would have resulted from following the standards set forth in the remainder of the Zoning
Code. The application shall first be submitted to the Planning Commission (“Commission”) and upon its
approval of the Final Development Plan, forwarded to City Council (“Council”) for its consideration.
(b)
Permitted Uses. Those uses permitted within any of the residential districts and the C-1 Limited
Commercial District.
(c)
Conditional Uses. Not applicable.
(d) Permitted Locations. A Planned Community District (PCD) may be located in any district
currently zoned “C” Commercial or “M” Industrial.
(e) Development Standards. The following development standards shall be considered minimal
standards within a Planned Community District, unless altered by the Commission and Council:
(1) Lot Requirements:
A. Minimum site area: Three-quarter (3/4) acre and sufficient area to accommodate building and
pavement setbacks, parking, circulation and landscaping as required. Individual lots may be combined to
attain this minimum acreage for purposes of the Development Plan.
B Minimum lot width: All lots must abut a public street and have adequate width to meet all
building and pavement setbacks, parking, circulation, open space and landscaping as required.
(2) Minimum yard requirements: None specified, but consideration shall be given to all applicable
official planning studies and Commission recommendations. All requirements approved shall be specified in
the Development Standards Text.
(3) Maximum lot coverage: Maximum lot coverage or impervious surface shall not exceed 75%
unless otherwise approved.
(4) Maximum height of principal building: In order to insure compatibility with surrounding
neighborhoods, no building or structure in any PCD shall exceed the heights specified as follows:
A. For land located within 300 feet of a residential zoned property, the maximum
building height shall be three (3) stories and not exceed forty-five (45) feet.
B
For all other land, no building or structure shall exceed sixty (60) feet in height unless
otherwise approved.
(5) Density: None shall be specified in order to provide flexibility, promote an urban land use
environment, and allow for the compatible combination of permitted uses, provided that such combination
shall not adversely affect adjacent property and/or public health, safety and welfare. Density standards shall
be established as a result of negotiation between the City and the Developer and outlined in the Development
Text, and must be approved.
(6) Site Development Requirements:
A. Outdoor storage is prohibited.
B. All vending machines and display racks, except for telephone booths and newspaper racks,
shall be located inside the building.
C. Trash and litter shall be controlled, and stored in container systems which are located and
enclosed in a manner to screen them from view on all sides.
D. Provision for storm drainage shall be adequate to protect the public and owners of surrounding
land.
E. All service and delivery shall be at the rear of the building; provided however, where site
layout and design would be enhanced, provisions may be made for service and delivery at the side of the
building.
(7) Parking, Loading, Access, and Circulation requirements for uses permitted in this district are
governed by Sections 1155.13 and 1157.07 of the Codified Ordinances.
(8) Landscaping and Screening requirements for uses permitted in this district are governed by
Section 1157.07 of the Codified Ordinances.
(9) Lighting requirements. All exterior lighting shall be designed and installed to direct and reflect
light away from any street or adjacent property. Direct or indirect glare into the eyes of motorists or
pedestrians or neighboring properties is prohibited.
(10) Special Considerations:
A.
The Development Plan shall follow all applicable procedures, standards and requirements of
the provisions of this ordinance that governs the subdivision of land. The Development Plan shall be
prepared by and have the seal of an architect and an engineer, both of whom are duly registered to practice
in this State. No building permit shall be issued until a final plat of the proposed development is approved
by the City’s Department of Building and Zoning and, if applicable, recorded in the appropriate
governmental office.
B. The Commission shall review the conformity of the proposed development with the standards
set forth in the official City’s Community Plan and recognized principles of civic design, land use planning
and landscape architecture.
(f) Plan Review Process and Requirements. An application or petition for a Zoning Map amendment to
establish a Planned Community District at a particular location or to amend the regulations applicable to a
previously established PCD shall contain or be accompanied by a Development Plan and a Development
Standards Text. An application may be initiated by the submission of a Concept Plan to the Commission.
(1) Concept Plan. A Concept Plan is a schematic plan which generally describes the proposed uses
for the site to be rezoned and their relationship with the surrounding properties and uses. The Concept Plan
must contain the following elements:
A. A topographic map of the site and adjacent property showing existing natural features
including wooded areas and major trees. A description of how the proposed development plans to utilize the
existing site and which identifies changes to the existing site grading and identifies major trees that will be
removed as part of the proposed development.
B. A schematic plan showing the general development of the tract, location of existing and
proposed structures, parking lot layout, and other development features including the location of any out
parcels.
C. An engineering feasibility statement in sufficient detail to indicate how the proposed
development will be serviced with water, sanitary sewer and storm drainage facilities and systems.
D. The proposed traffic circulation pattern showing public and private streets and other
transportation facilities, including major pedestrian routes. A traffic study may be required by the Director
of Building and Zoning or the Commission to determine whether the proposed development will adversely
impact the existing transportation facilities.
E. A conceptual landscaping plan.
F. A proposed schedule or phasing of development of the site.
G. Evidence that the applicant has sufficient control over the land to accomplish proposed and
required land improvements.
H. Any additional information required by the Commission which is deemed necessary to
determine that the proposed development meets the intent and purposes of the Planned Community District.
(2) Development Standards Text. A Development Standards Text shall be submitted as part of the
Concept Plan, or with the Development Plan if a Concept Plan is not submitted, and shall, through a
narrative and graphics, indicate the detailed standards that will be applied to the development. The
Development Standards Text should clearly identify any standard that is less than the standards established
elsewhere by the Codified Ordinances. These modifications shall be justified by fully stating what
adjustments, amenities or other compensations are provided as part of the Plan to offset the use of reduced
standards and by demonstrating how the modified standard will result in the best possible development for
the site. Unless specifically modified by the Development Standards Text, the standards established by the
Codified Ordinances shall apply to the proposed development.
(3) Development Plan. Following approval of the Concept Plan by the Commission, a Development
Plan shall be submitted to the Commission for all or part of the area defined in the Concept Plan. The
Development Plan is a detailed Site Plan which shall contain the following information and adhere to the
Development Standards Text approved as part of the Concept Plan. Contents of the Development Plan shall
include:
A. The boundaries of the property with accurate distances and bearings from an established
monument or point on the project to the three nearest established street lines or official monuments;
B. All municipal, corporation, township and county lines and section lines traversing or
immediately adjacent to the property proposed for a PCD;
C. A bar scale, north point, legal description and total acreage of the area of the subject of the
Development Plan;
D. A certificate by a surveyor registered in the State of Ohio that the plan comports with a survey
made by him and that all dimensional and geodetic details are correct;
E. Accurate outlines, dimensions and legal descriptions of any areas to be dedicated or reserved
for public use;
F. The lines of adjoining streets and alleys with their width and names;
G. All lot lines and easements with their dimensions;
H. Radii, arcs, points of tangency, central angles for all curvilinear streets, and radii for all
rounded corners;
I. The dimensions and locations of proposed structures, buildings, streets, parking areas, yards,
open spaces and other public or private facilities;
J. A detailed statement of all uses proposed to be established indicating the areas to be occupied
by each use and the anticipated density of population and building intensity;
K. Detailed engineering plans for the provision of all streets and utilities including provisions for
off-site connections and facilities necessary to serve the entire area that is the subject of the Development
Plan;
L. Detailed engineering site grading plans including proposed finished grades;
M. Proposed drainage facilities and/or systems;
N. Detailed landscaping plans;
O. Architectural drawings demonstrating the design and character of the proposed structures,
buildings, uses and facilities, and the physical relationship of all elements;
P. All proposed restrictions or any reference made thereto and proper acknowledgment of owners
and/or holders of mortgages accepting such restrictions;
Q. Evidence that the applicant has sufficient control over the land in question to initiate the
proposed project within five years;
R. A certificate to the effect that the owner will dedicate to public use those appropriate uses,
streets, parks and other lands intended for public use, provided those areas are acceptable to the City;
S. A tabulation showing the exact area of each lot, reserve or other parcel shown on the Plan
(other than streets and alleys) with such areas to be computed inclusive of and after the extensions of lot or
parcel lines to the center line of contiguous public ways, such as streets and parking areas;
T. Approval of detailed water and sewer engineering plans by the appropriate city, county, or
state departments;
U. All exterior lighting fixtures shall be shown including parking lot lighting, street, walkway or
pedestrian lighting, walkway accent lighting and building accent lighting. Light intensity and installations
height shall be indicated;
V. Location and character of all signs;
W. The proposed size, location, ownership and use of all nonresidential portions of the tract,
including usable open areas, parks and other public areas and open spaces, and the methods of access
whereby all residents of the PCD (and others, as applicable) will have access; and
X. Space for signature of the Commission President and the date of Commission approval.
(g) Procedures and Basis for Approval. The Commission may hold one or more public hearings on a
final Development Plan. The recommendation of the Commission shall be forwarded to Council which shall
approve or disapprove the recommendation of the Commission with or without modification and after public
hearing. After approval by Council and after any required restrictions are in effect, the Director of Building
and Zoning may issue permits enabling the approved final Development Plan to be carried out.
(1) The basis and criteria for approval of a Development Plan by the Commission and Council shall
include:
A. The proposed development is consistent in all respects with the purpose, intent and applicable
standards of the Zoning Ordinance;
B. The proposed development is in conformity with appropriate comprehensive planning or
portion thereof as it may apply;
C. The proposed development advances the general welfare of the City and immediate vicinity;
D. The benefits and improved arrangement and design of the proposed development justify the
deviation from the standard residential development requirements included in the Zoning Ordinance;
E. The variety and compatibility of the types of land uses proposed in the project;
F. Where applicable, the relationship of buildings and structures to each other and to such other
facilities as appropriate with regard to land area and proposed density of dwelling units; and
G. Traffic and circulation systems within the proposed project as well as its appropriateness in
relation to existing facilities and systems in the surrounding area.
(2) The Commission and Council shall take into consideration the following items when evaluating
the Development Plan:
A. Building height of all structures with regard to their visual impact on adjacent facilities;
B. Gross commercial building area;
C. Area ratios and designation of the land surfaces to which they apply;
D. Spaces between buildings and open areas;
E. Width of streets in the project;
F. Setbacks from streets;
G. Off-street parking and loading standards;
H. The order in which development will likely proceed in complex multi-use developments; and
I. Density of multi-family units.
(Ord. 01-20. Passed 8-6-01.)
1157.04 M-1 LIGHT INDUSTRIAL DISTRICT.
(a) Permitted Uses.
(1) Uses listed in Section 1157.02(a)(1), (2), (3), (7) and (8).
(2) Manufacturing uses involving processing, fabrication, packaging, assembly, and related functions
whether using machinery or labor and associated with the industrial operations of producing goods,
components, and other related items
(3) Wholesaling and storage uses which conform to the purpose of this chapter including
transporting, storing, handling or selling merchandise primarily to retailers, industrial, institutional, or
professional uses, or to other wholesalers, or acting as agents in buying merchandise for such persons or
organizations.
(4) Research and development uses which conform to the purpose of this chapter, including research
relating to product development in conjunction with testing, laboratory, and minor fabricating and assembly
operations.
(5) Business service uses which conform to the purpose of this chapter including, but not limited to:
A. Duplicating, addressing, blueprinting, or photocopying
B. Stenographic, mailing and advertising
C. Business machine service and repair
D. Telephone or telegraph communications operations including service and repair operations
(6) Repair service uses which conform to the purpose of this chapter including, but not limited to:
A. Electrical appliance repair shops, including television and radio repair
B. Reupholstery and furniture repair
(7) Trade service uses which conform to the purpose of this chapter including, but not limited to,
establishments engaged in the general construction, maintenance, or repair of real or other tangible property
(8) Recycling drop-off site
(9) Recycling collection center
(10) Recycling processing center
(b)
Conditional Uses.
(1) Conditional Uses may be appropriate as permitted uses within the district but require more
detailed evaluation with respect to location, design, size, method and hours of operation, intensity of use and
traffic generation and potential impact on surrounding uses, in order to provide an opportunity for these uses
while safeguarding both individual property rights and general, community welfare. It is the Planning
Commission’s responsibility to perform this evaluation and, after review, to attach necessary conditions and
safeguards. The development standards contained in this chapter are minimum standards. Planning
Commission may require more restrictive standards for a conditional use based on the merits of each
application. Review and approval of these uses are further regulated in Section 1141.04, Conditional Uses.
(2) The following uses are conditionally permitted within the Light Industrial District. These uses
generally display one or more of three characteristics which result in its conditional status: (1) inherently
cannot operate within an enclosed structure; (2) involve retail sales beyond the limited, ancillary retail
associated with permitted uses; (3) require specific site characteristics for compatible development.
A. Building material retail sales including:
1. Paint, glass and wallpaper
2. Plumbing and electrical supplies
3. Lumber and other home improvement sales
B. Any other permitted or conditional use of the C-2 Community Commercial District
C. Educational facilities including college and professional schools
D. Pre-schools and child care centers (See Section 1157.04 (d)).
(Ord. 09-06. Passed 4-6-09.)
(c) Supplementary Standards for Conditional Uses. All conditional uses shall meet the minimum
requirements established by Section 1157.06 unless modified by this section:
(1) Purpose and intent. The purpose of this section is to establish supplementary standards for certain
land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general
standards of Section 1157.06 are met. It is the intent of this section to establish appropriate standards for
permit processing and for location, design and operation of conditional uses to ensure that they will be
developed in a manner consistent with the purpose of the Light Industrial District.
(2) Child care centers.
A. Minimum Lot Area: Sufficient to accommodate an appropriately designed facility including
buildings, required yards, landscaping, drop-off area, and circulation space.
B. Required Outdoor Play Area: There shall be provided a fenced outdoor play area containing at
a minimum, the number of square feet required for State of Ohio licensing requirements.
C. Required Access and Loading/Unloading:
1. An on-site drop-off area shall be provided at the main entrance to the facility sufficient to
accommodate four automobiles for facilities with twenty or fewer children plus one additional vehicle for
each additional ten children served. The drop-off area may either be in the form of spaces parallel to an
access drive adjacent to the building or additional parking spaces beyond code requirements.
2. Access from an arterial or collector street is required or access shall be provided in a
manner that does not cause heavy traffic on residential streets.
D. Required Fencing: All outdoor play areas shall be enclosed by a wall, solid fence, or chain
link fence planted with a continuous evergreen screen; such wall or fence shall be six-foot-high.
E. Hours of Operation: Use of outdoor play areas shall be limited to between the hours of 8:00
a.m. and 8:00 p.m.
(Ord. 98-13. Passed 9-8-98.)
1157.045 PLANNED UNIT DEVELOPMENT (PUD) DISTRICT.
(a)
Purpose and Intent. The application of flexible and creative land use regulations to the
development or redevelopment of land is often difficult or impossible within the constraints of traditional
zoning district standards. In order to permit the implementation of more flexible land use regulations and to
facilitate the use of the most advantageous techniques of land development, it is often necessary to establish a
Planned Unit Development District designation in which development is in harmony with the general purpose
and intent of this Zoning Ordinance and the Community Plan. The objective of a Planned Unit Development
District is to encourage ingenuity, imagination, and creative design efforts on the part of builders, architects,
site planners and developers, and to produce development that is in keeping with overall land use intensity
and design standards of this Zoning Ordinance and the Community Plan while departing from the strict
application of the dimensional standards of the traditional zoning Districts. Planned Unit Development
Districts are intended to allow design flexibility and provide performance standards that may:
(1)
Ensure that development and redevelopment occurs in general accordance with the Community
Plan;
(2)
Result in a desirable environment with more amenities than would be possible through the strict
application of the standards of other zoning districts;
(3)
Provide for an efficient use of land and public resources, resulting in co- location of harmonious
uses to share facilities and services and a logical network of utilities and streets, thereby lowering public and
private development costs;
(4)
Foster the safe, efficient, and economic use of land, transportation, public facilities, and
services;
(5)
Encourage concentrated mixed-use land development patterns which decrease the length of
automobile travel, encourage public transportation, allow trip consolidation and encourage pedestrian
circulation between land uses;
(6)
Ensure a more rational and compatible relationship between residential and non-residential uses
for the mutual benefit of all;
(7)
Further the economic development goals of the City;
(8)
Allow for innovations in land development and redevelopment;
(9)
Result in the formation or strengthening of identifiable and robust neighborhoods in the
Grandview Heights community; and
(10)
Encourage new buildings and uses that reinforce the development heritage of the community.
(b)
Definitions.
(1)
Planned Unit Development (PUD). A Planned Unit Development (PUD) means any area of land
within the jurisdiction of the City of Grandview Heights in which one use or a variety of uses may be
accommodated in a pre-planned environment under more flexible standards than those restrictions that would
normally apply under this Zoning Code. The process in a PUD shall consist of the filing of a Preliminary
Development Plan which, if approved, shall constitute the act of zoning; and a Final Development Plan
which shall consist of a detailed development plan for all or any portion of the area for which a Preliminary
Development Plan has been approved.
(2)
Subarea. A Subarea is a distinct area of land within a PUD. Each Subarea shall designate
acreage, land use, development standards, architectural standards, landscape standards, thoroughfare
standards, conceptual road alignments, gross density, and such other standards as may be required by the
Planning Commission and Council.
(c)
Permitted Uses. Within the PUD Zoning District, permitted uses shall include all uses allowable
under the Zoning Ordinance that are approved through the PUD approval process and are in conformity with
the purpose and intent of the Zoning Ordinance, and a compatible combination of any or all of these uses
provided that the proposed location of those uses will not adversely affect adjacent property and/or the public
health, safety and general welfare.
(d)
Ownership. A Planned Unit Development shall be in joint or common ownership or control at the
time the Preliminary Development Plan application is made for a Planned Unit Development District, or
where joint or common ownership and/or control does not exist, each owner within the Planned Unit
Development shall sign the Preliminary Development Plan application. Any transfer of land within the
development resulting in ownership by two or more parties after an application has been filed shall not alter
the applicability of the regulations contained herein. A Preliminary Development Plan or Final Development
Plan approved hereunder shall be binding upon the applicant(s) and their successors and assigns, and shall
limit and control the issuance and validity of all certificates of zoning approval.
(e)
General Procedures. Procedures and conditions set forth for determination of Planned Unit
Development Districts and development(s) therein shall be strictly followed, except when the Planning
Commission and Council have reviewed, discussed and approved a written statement submitted by the
applicant with the Preliminary Development Plan application clearly showing that such procedures or
conditions do not apply in the specific case.
(f)
Procedure for Approval of a Planned Unit Development (PUD). The following procedures shall
be used to secure approval of a Planned Unit Development (PUD) and the appropriate changes of zoning
resulting therefrom:
(1)
First review. Prior to submitting an application for a zoning amendment that seeks a PUD
designation, the applicant shall submit a letter to the Director of Building and Zoning requesting review and
feedback on the proposed development from the Planning Commission. The meeting shall be known as the
“First Review” and shall occur at a date that that is no more than thirty (30) days following the receipt of the
letter by the Director of Building and Zoning. The first review may occur either during a regular meeting of
the Planning Commission, or at a special meeting.
The purpose of the First Review shall be to provide an opportunity for the applicant to
outline the basic scope, character, and nature of the proposed project in order to
receive reaction and feedback from the Planning Commission in the formative stages of
project design. No discussions, opinions, or suggestions provided during the First
Review shall bind the applicant or the City in any respect, and shall not have any
bearing on the City’s ability to approve or disapprove any subsequent applications that
may be filed by the applicant.
(2)
Filing of Preliminary Development Plan; staff report. The Preliminary Development Plan
application, together with the required supporting materials, shall be filed with the Director of Building and
Zoning. Said submittal shall include PDF or similar electronic formats. After determining that the application
is complete, the Director shall forward the application to the Clerk of Council. The Clerk of Council shall
draft an ordinance concerning the requested zoning change and, at Council’s first regular or special meeting
that occurs at least thirty (30) days following the filing of the complete application, the Preliminary
Development Plan, accompanying documents, and ordinance shall be forwarded to the Planning Commission
for study and recommendation. Copies of relevant aspects of the Preliminary Development Plan shall also be
forwarded to all interested City departments, which shall provide information and comment to the Director of
Building and Zoning to be included in a comprehensive staff report, which shall be forwarded to the Planning
Commission within a reasonable time prior to the date when that body makes a recommendation to Council,
as set forth in this section.
(3)
Recommendation by Planning Commission. The Planning Commission shall have a reasonable
time, not to exceed sixty (60) days following its receipt at a regular or special meeting of an ordinance from
Council, to consider the ordinance and the Preliminary Development Plan at a public hearing and to report its
recommendations to Council, unless such time period is extended by mutual agreement of the parties. The
Planning Commission shall take one of the following actions with respect to the ordinance and the
Preliminary Development Plan:
A.
Recommend approval of the ordinance and the Preliminary Development Plan as submitted;
or
B.
Recommend approval of the ordinance and Preliminary Development Plan with specific
conditions as set forth in its record, for transmission to Council and as agreed to by the applicant, to further
protect and improve the proposed and surrounding developments; or
C.
Recommend disapproval of the ordinance and the Preliminary Development Plan.
(4)
Council action. At such time as the recommendation of the Planning Commission is received
by Council, Council shall establish a date for public hearing on the ordinance and the Preliminary
Development Plan by giving notice in the same manner as is required for any application for zoning
amendment in the City. Such public hearing on the ordinance and Preliminary Development Plan by Council
shall be heard within sixty (60) days after the receipt of the recommendation of the Commission, unless such
time period is extended by mutual agreement of the parties. The Preliminary Development Plan and the
ordinance, along with the report of the recommendations of the Planning Commission, shall be available for
public inspection in the office of Clerk of Council for a period of thirty (30) days immediately preceding the
public hearing. After consideration of all relevant documentation, Council shall approve the ordinance and
Preliminary Development Plan as submitted, approve the ordinance and Preliminary Development Plan with
specific conditions and/or modifications as agreed to by the applicant, or disapprove the ordinance and the
Preliminary Development Plan.
(5)
Effect of approval. Adoption of the ordinance including the Preliminary Development Plan
shall constitute a rezoning of the property included therein. The development standards approved as a part of
the Preliminary Development Plan shall apply, to the exclusion of any conflicting provisions of the Zoning
Ordinance. To the extent that these development standards are silent on any matter, the pertinent provisions
of the Zoning Ordinance shall be applied. Prior to the development or the construction of improvements
contained in the Preliminary Development Plan, the applicant shall be required to comply with the provisions
of subsection (6) hereof.
(6)
Final Development Plan. Final Development Plans are intended to be detailed representations
of and in conformance with all aspects of the approved Preliminary Development Plan. Said submittal shall
include PDF or similar electronic formats. Following receipt of a Final Development Plan application and the
required accompanying documents from the Director of Building and Zoning, it shall be the duty of the
Planning Commission to review such plan and determine whether it complies with regulations of this chapter,
that it represents a detailed and precise expansion and delineation of the previously approved Preliminary
Development Plan, and that it complies with all conditions which may have been given at the time of
approval of the Preliminary Development Plan.
A.
Timing. Within three (3) years of notice of approval of the Preliminary Development Plan,
the applicant shall submit a Final Development Plan for a substantive part of the development. Upon good
cause shown by the applicant and by a majority vote of the Planning Commission, the Planning Commission
may extend the three-year period if the request is submitted prior to the expiration date. In the event progress
on the PUD is discontinued, the City may begin procedures to rezone the property to the zoning district in
place prior to the Planned Unit Development District or to another district, as may be determined
appropriate.
B.
Application. At any time after the approval of the Preliminary Development Plan (subject to
the time constraints and restrictions set forth above), an applicant may file a Final Development Plan
application, together with the required supporting materials, with the Director of Building and Zoning.
Copies of the Final Development Plan application and supporting documentation shall be forwarded to all
interested City departments, which shall provide information and comment to the Director of Building and
Zoning to be included in a comprehensive staff report, which shall be forwarded to the Planning Commission
at its first regularly scheduled or special meeting that is at least thirty (30) days following the date on which
said application was filed.
C.
Planning Commission Action. Within sixty (60) days following the receipt of at a regular or
special meeting the Final Development Plan application, the Planning Commission shall hold a public hearing
and take action on the Final Development Plan application. In taking action on the application, the Planning
Commission shall approve the Final Development Plan application and its supporting documentation as
submitted, approve the Final Development Plan and its supporting documentation with specific conditions as
agreed to by the applicant, or disapprove the Final Development Plan application and its supporting
documentation.
D.
Effect of Approval. If the Planning Commission finds that the Final Development Plan meets
the criteria for approval as set forth in this Chapter, it shall approve the plan and the Planning Commission
chair, vice chair or designee shall affix his/her signature and approval date thereto attesting to such approval.
Following approval of the Final Development Plan and the attestation of such action by the Commission
chair, vice chair or designee, the applicant shall provide one Mylar copy of all plans as well as digital
AutoCAD or other CAD program as may be requested by the City and PDF files or other image formats as
may be requested by the City (e.g., TIFF files) as part of the Final Development Plan for the records of the
City. Approval of the Final Development Plan for a property shall entitle the applicant and its successors,
assigns, and designees to develop that property in accordance with that plan and any conditions of approval
attached thereto.
At any time, the applicant and its successors in title to any property for which a
Final Development Plan has been approved may submit an amended
Preliminary Development Plan. In such event, the same procedures shall be
followed as in the case of an original Preliminary Development Plan and, if
approved, such amended Preliminary Development Plan shall in all respects be
considered as if it were the originally adopted Preliminary Development Plan.
E. Revisions to Preliminary Development Plan. In the event that the details of a Final
Development Plan necessitate minor revisions of portions of the approved Preliminary Development Plan
located inside or outside of the area to be included within boundaries of the Final Development Plan, then
those revisions may be approved by the Planning Commission in conjunction with its approval of the Final
Development Plan. In considering such revisions, the Planning Commission may authorize minor
modifications to the Preliminary Development Plan that are required to correct any undetected errors, are
consistent with the Community Plan and the purpose of the approved Preliminary Development Plan, or that
are necessary to ensure orderly and efficient development. “Minor modifications” shall be limited to those
subjects addressed in the original Preliminary Development Plan, including but not limited to:
1. Minor adjustments in subarea or lot lines, provided no additional subareas or lots are
created;
2. Minor adjustments in location of building footprints and parking lots provided the perimeter
setbacks, yards, and buffers remain in compliance with applicable requirements;
3. Minor adjustments in building heights;
4. A substitution of landscaping materials;
5. A redesign and/or relocating stormwater management facilities;
6. Minor modifications to the design of signs, including sign face, sign lighting, and color
palette, provided that the maximum sign area and maximum sign height, as specified and approved in the
Preliminary Development Plan are not exceeded; and
7. Minor changes in building material that are similar to and have the same general appearance
and durability as the material approved on the Preliminary Development Plan.
(g)
Basis of Plan Approval.
(1)
Preliminary Development Plan. In the review of proposed Planned Unit Developments, the
Planning Commission and City Council shall determine whether or not the Preliminary Development Plan
complies with the following criteria:
A.
That the proposed development is consistent in all respects with the purpose and intent of the
Zoning Ordinance;
B.
That the proposed development is in general conformity with the Community Plan or
portion(s) thereof as may apply;
C.
That the proposed development advances the economic development and fiscal goals of the
City;
D.
That the benefits, improved arrangement, and design of the proposed development justify
deviation from standard development requirements included in the Zoning Ordinance;
E.
Where applicable, the relationship of buildings and structures to each other and to such other
facilities are appropriate;
F.
That traffic and pedestrian circulation systems within the proposed project are appropriate to
serve the subject site and the surrounding area;
G.
That the following development standards that are to apply to the project are adequate to
ensure the orderly development of the subject site and will not adversely affect adjacent property and/or the
public health, safety and general welfare:
1. Building heights of all structures;
2.
Front, side and rear yard definitions and uses where they occur at the development
periphery;
3. Gross commercial building area;
4. Area ratios and designation of the land surfaces to which they apply;
5. Spaces between buildings and open areas;
6. Width of streets in the project;
7. Setbacks from streets;
8. Off-street parking and loading standards;
9. The order in which development will likely proceed in complex, multi-use, multi-phase
developments.
10. Landscaping, screening and buffering;
11. Signs.
(2)
Final Development Plan. In the review of a Final Development Plan application, the Planning
Commission shall determine whether or not the proposed development, as depicted on the Final Development
Plan, substantially conforms in all pertinent respects to the approved Preliminary Development Plan and
continues to meet a preponderance of the criteria for approval of the Preliminary Development Plan as
determined by Council.
(h)
Plat; Recording and Transfer.
(1)
A final subdivision plat prepared in accordance with applicable requirements of the subdivision
regulations for the area covered by the Final Development Plan shall be prepared for Council approval prior
to appropriate recording. When a final plat is approved by Council for any property with a PUD zoning
designation, the owner shall file and record the same in the Office of the County Recorder within six (6)
months unless such time is, for good cause shown, extended by resolution of Council. If not recorded within
this time, the approval of Council shall become null and void. Original tracings will become the permanent
record of the County Recorder. One copy of this tracing, reproduced on Mylar, showing the date and place
of recording, shall be supplied by the owner to Council as local public records.
(i)
Plan Contents.
(1)
The following described contents shall be provided to secure approval for Planned Unit
Development (PUD) District zoning. The basic process shall require submittal and approval of:
A.
An application for approval of a Preliminary Development Plan along with the required plans
and documents set forth in Section 1157.045(i)(3); and
B.
An application for approval of a Final Development Plan along with the required plans and
documents set forth in Section 1157.045(i)(4).
(2)
All plans shall be drawn to a scale suitable to the scope of the project and acceptable to the City.
Seventeen (17) copies of each plan shall be submitted to the Director of Building and Zoning.
(3)
Contents of Preliminary Development Plan. An application or petition for a Zoning Map
amendment to establish a Planned Unit Development at a particular location or to amend the regulations
applicable to a previously established PUD shall contain or be accompanied by a Preliminary Development
Plan and a development standards text, as well as any other items that may be required to provide Council
with grounds for making findings pursuant to Section 1(G) of this Ordinance (“Basics of Plan Approval”).
The Preliminary Development Plan shall indicate the following in text or map form:
A.
North point and scale;
B.
Overall urban design concept of the proposed PUD object;
C.
Accurate boundaries of the entire project, including survey legal descriptions;
D.
Location of the site within the City;
E.
All permitted uses and conditional uses and limitations applicable thereto;
F.
A subarea plan which shows the allocation of land use by acreage, type, and density, building
footprints, parking lot locations, and proposed lot lines and parcel sizes;
G.
Development standards, design and architectural guidelines for each subarea, including but
not limited to:
.
1. Building height;
2. Building materials;
3.
4.
5.
6.
7.
8.
H.
Fenestration;
Style and character;
Landscaping layout and materials;
Lighting;
Parking requirements; and
Signage.
General locations of principal thoroughfares and open space, and suggested ownership of
I.
J.
K.
L.
M.
Existing roads, buildings, and permanent facilities on the site;
Jurisdictional boundaries, if applicable;
Easements, rights-of-way, and abutting property boundaries;
Any proposed off-site improvements and/or utility line extensions needed to serve the site;
Surface drainage and areas subject to flooding, and proposed stormwater management
same;
strategy;
N.
Existing utility systems;
O.
The location and size of areas of residential use, indicating dwelling unit densities, dwelling
unit types, and the total number of dwelling units in the overall development plan, and whether the common
areas of the proposed residential use will be managed by any non-owner;
P. The location and size of areas of nonresidential use, indicating unit densities, unit types, the
total number of units in the overall development plan, and whether the common areas of the proposed
nonresidential use will be managed by any non-owner.
Q.
The size, location and use of public portions of the tract, including usable open areas, parks,
playgrounds, any civic facilities and other public areas and open spaces with the suggested ownership of such
areas;
R.
The traffic circulation patterns, including public and private streets and parking areas,
indicating their relationship to existing streets, or showing other evidence of reasonableness; and
S.
An affidavit of the applicant listing all property owners within the 200 feet contiguous to and
directly across the street from the parcel(s) included in the Preliminary Development Plan and their addresses
as appearing on the Franklin County Auditor’s current tax list.
(4)
Contents of Final Development Plan. An application for approval of a Final Development Plan
shall contain or be accompanied by a Final Development Plan and a copy of the development standards text
that was approved as a part of the Preliminary Development Plan. The Final Development Plan shall indicate
the following in text or map form:
A.
A bar scale, north point, and total acreage of the area that is the subject of the Final
Development Plan;
B.
Overall urban design concept of the proposed project in the area that is the subject of the
Final Development Plan;
C.
Accurate boundaries of the property that is the subject of the Final Development Plan,
including survey legal descriptions;
D.
Accurate outlines, dimensions and legal descriptions of any areas to be dedicated or reserved
for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for the
common use of all property owners, and the acreage of such reserved areas;
E.
The lines of adjoining streets and alleys with their width and names;
F.
All lot lines and easements with their dimensions;
G.
Radii, arcs, points of tangency, central angles for all curvilinear streets, and radii for all
rounded corners;
H.
The dimensions and locations of proposed structures, buildings, streets, parking areas,
yards, playgrounds, school sites, open spaces and other public or private facilities (this provision shall not
apply to those areas of the Final Development Plan indicated for development of one- or two-family
building sites. However, all lots intended to be so developed shall have building setback lines indicated
thereon);
I.
A detailed statement of all uses proposed to be established indicated in the areas to be
occupied by each use and the anticipated density of population and building intensity;
J.
Detailed engineering plans for the provision of all streets and utilities including provisions for
off-site connections and facilities necessary to serve the entire areas which are the subject of the Final
Development Plan;
K.
Detailed engineering site grading plans including proposed finished grades (this provision
shall not apply to those areas of the Final Development Plan indicated for development of one- or two-family
building sites);
L.
Proposed drainage facilities;
M.
Detailed landscaping plans (this provision shall not apply to those areas of the Final
Development Plan indicated for development of single-family detached homes, except that detailed
landscaping shall be provided as to all residential entry features.);
N.
Architectural drawings demonstrating the design and character of the proposed structures,
buildings, uses and facilities and the physical relationship of all elements (on a one- or two-story building site
this provision is intended to demonstrate the exterior design, character and general element of and within the
plan and it is not intended to require a detailed presentation by the applicant. However, it should provide
sufficient detail to enable the Planning Commission to make a decision). The architectural plans must also
specify the quality and durability of all exterior building materials;
O.
A certificate to the effect that the owner will dedicate to public use the appropriate uses,
streets, parks and other lands intended for public use, provided those areas are acceptable to the
Municipality;
P.
A tabulation showing the exact area of each lot, reserve or other parcel shown on the plan
(other than streets and alleys), such areas to be computed inclusive of and after the extension of lot or parcel
lines to the center lines of contiguous public ways, such as streets and parking areas;
Q.
Space for signature of the Planning Commission chair, vice chair or designee and the date of
Commission approval;
R.
Location and character of all signs;
S.
The proposed size, location, ownership and use of nonresidential portions of the tract,
including usable open areas, parks, playgrounds, school sites, other public areas and open spaces, and the
methods of access whereby all residents of the PUD can have ingress to and egress from the aforesaid areas
or portions of the tract whether such areas have been previously established or will be established in the
future; and
T.
An affidavit of the applicant listing all property owners within the 200 feet contiguous to and
directly across the street from the parcel(s) included in the Final Development Plan and their addresses as
appearing on the Franklin County Auditor’s current tax list.
(j)
Appeal. If the Planning Commission disapproves any Final Development Plan in a Planned Unit
Development District, the applicant shall have no more than thirty (30) days in which to file an appeal with
the Council for review. Such appeal shall be in writing and shall be filed with the Director of Building and
Zoning. Council shall then act on the appeal within thirty (30) days of the filing of said appeal.
(Ord. 2006-30. Passed 9-5-06.)
1157.05 DEMOLITION OF COMMERCIAL STRUCTURES.
The demolition of all commercial structures shall require a permit consistent with the provisions of
Chapter 1137 and shall additionally conform with the following:
(a) The Director of Building and Zoning shall have a maximum of thirty-five days in which to consult
with the Planning Commission and approve or conditionally approve an application for a demolition permit.
(b) Due to the existence of historical structures, the demolition of structures located within C-1 and C-2
zoning districts situated along Grandview Avenue between First Avenue on the south and the corporation line
on the north, as well as along the entire length of First Avenue, shall require the review of the Planning
Commission. The Planning Commission shall approve or conditionally approve an application for
demolition.
(c)
(1) For all structures other than one-, two-, or three-family dwellings or associated accessory
structures, a demolition permit may be issued only after affidavits have been submitted by the applicant and
placed on file with the Director of Building and Zoning attesting to the fact that 25%, either by weight or by
volume, of the resultant demolition debris shall be recycled. Waste that would be considered a hazardous
material shall be excluded in from such percentage. Final inspections shall only be approved after the
Director of Building and Zoning receives and approves a final analysis showing compliance with this section.
Appeals to this requirement shall be heard by the Planning Commission.
(2) A licensed disposal or transfer facility shall be used for all non-recycled waste and a final
analysis shall be provided prior to the final approval of the demolition permit indicating the percentage of
recycling achieved and method and materials used. This provision shall not apply to emergency demolitions
as required under this building code.
(d) The department-registered demolition contractor shall call for a final inspection upon completion of
the demolition.
(Ord. 2009-16. Passed 10-19-09.)
1157.06 SITE PLAN REVIEW.
(a) Site Plan Required. Prior to the issuance of a zoning certificate for all developments located in the
C-1, C-2, C-3, and M-1 zoning districts, a Site Plan as defined herein shall be submitted to the City of
Grandview Heights for review and approval.
(b) Purpose. The purpose of the Site Plan Review requirement is to ensure that existing and anticipated
non-residential development and traffic improvements will be developed in a manner that is consistent with
the goals, objectives, and planning principles of the Grandview Heights Community Plan. The importance of
making the business and residential areas of the community more physically and perceptibly cohesive, to
provide for the long-term vitality and viability of Grandview Heights Business Districts, and to encourage
expanded business options through creative adaptations of existing structures, requires both flexibility in the
zoning requirements, and a special emphasis on integrated development, shared parking areas, and urban
design.
(c) Definitions. The following definitions apply to this Chapter:
(1) Development. Includes the construction of any new building or the enlargement, alteration, or
relocation or any existing structure; loading areas, access drives or other paved surfaces; any excavation,
landfill or other modification to the landscape; any changes to approved landscape plans including plan
materials, grading, walls or fences.
(2) Alteration. Means a change or rearrangement in the structural parts or building service
equipment or in the means of egress; or the moving from one location or position to another.
(3) Enlargement. Means an extension or increase in floor area or height of a building or structure.
(4) Building service equipment. Includes the mechanical, electrical, and elevator equipment including
piping, wiring, fixtures and other accessories, which provide sanitation, lighting, heating, ventilation, fire
protection, and transportation facilities essential for the habitable occupancy of the building or structure for
its designated occupancy.
(5) Site plan. A plan, to scale, that illustrates the proposed physical changes for parcel(s) of land.
(6) Major site plan. A plan for a development which meets one of the following definitions:
A. A development involving any new construction or enlargement to a structure located within the
non-residential zoning districts.
B. A development involving the alteration of a structure that results in a change to the exterior of
the building.
C. A development involving changes to parking, loading, and drive areas.
D. A development impacting a non-residential site adjacent to a residential zoning district.
E. A development which conflicts with the adopted Community Plan.
F. A development of a non-conforming site or site which does not meet the development
standards of the zoning district in which it is located.
G. Other unusual or unique impacts which, in the opinion of the Director of Building and Zoning,
warrants public review.
(7) Minor site plan. A plan for a development which does not qualify as a major site plan.
(d) Application for Site Plan Review.
(1) Application. An application for a Site Plan Review shall be filed by the applicant, with the
authorization of the property owner, on a form provided by the Director of Building and Zoning. Nothing
shall prevent the concurrent submittal of an application for Site Plan Review with the submittal of an
application for a zoning map amendment. Approval of a site plan, submitted concurrently with an application
for zoning map amendment, may not become effective until the zoning map amendment application has been
approved by Council.
(2) Submittal requirements.
A. A survey showing boundary information, existing and proposed development, existing and
proposed easements, rights-of-way, and utilities, including storm water drainage.
B. The Site Plan shall indicate buildings, service areas, parking, signage, fencing, landscaping,
and all required setbacks.
C. All parking and loading areas shall be shown, including typical dimensions of parking stalls,
aisles, and loading spaces.
D. All major circulation routes, including arterials, adjacent curb cuts, collector and local streets,
driveway and curb cuts, and including major aisle ways and service routes shall be indicated. Major
pedestrian circulation routes shall also be indicated, including dimensions of path and pedestrian crossings,
etc., plus any attempts at separating vehicular and pedestrian/recreation movement.
E. Handling of all waste and refuse materials shall be indicated.
F. Proposed landscaping shall be shown.
G. All signage and graphics may be required to be shown, per Chapter 1167, Signs.
H. All exterior lighting shall be shown, including parking lot, pedestrian, and building accent
lighting. Lighting intensity and installation height shall be indicated.
I. Exterior building design and surface treatments shall be indicated, including building material
and color. Color and material samples may also be requested.
(3) Procedure for minor site plan review.
A. Any applicant requesting approval of a Minor Site Plan as defined herein shall submit to the
Director of Building and Zoning three copies of the application, including the items specified in Section
1157.05(d)(2) and the prescribed fee.
B. Within a reasonable time after the filing of a complete application, the Director of Building
and Zoning shall approve the application for site plan review based upon adopted regulations and standards,
design guidelines contained herein, or determine that the application is a major site plan. If the application is
determined to be a major site plan, the Director of Building and Zoning will forward the application to the
Planning Commission not less than fifteen days prior to its next scheduled meeting.
C. Actions and effect of a Minor Site Plan review. Upon approval of a Minor Site Plan, the
Director of Building and Zoning shall issue a zoning certificate. The zoning certificate shall be valid for
twelve months from the date it is issued. Authority to proceed pursuant to a zoning certificate shall lapse
unless the action authorized by the zoning certificate is commenced within twelve months from the date the
zoning certificate was issued.
(4) Procedure for Major Site Plan Review.
A. Any applicant requesting approval of a site plan as defined herein shall submit to the Director
of Building and Zoning eight copies of the application, including the items specified in Section
1157.05(d)(2), the prescribed fee, and any other information as determined appropriate by the Planning
Commission, not less than fifteen days prior to the next regularly scheduled meeting of the Planning
Commission. The application and supporting information shall be forwarded to the Planning Commission by
the Director of Building and Zoning not less than seven days prior to the date of its next scheduled meeting.
B. It shall be the duty of the Planning Commission to review the Site Plan and determine whether
it complies with the adopted regulations and standards, design guidelines contained herein, and accepted
planning principles. The Planning Commission shall endeavor to ensure that the exterior appearance and
environment of such buildings, structures and spaces will:
1. Enhance the attractiveness and desirability of the district in keeping with its purpose and
intent,
2. Encourage the orderly and harmonious development of the district in keeping with the
improving character of the district,
3. Improve residential amenities in any adjoining residential neighborhood,
4. Enhance and protect the public and private investment and the value of all lands and
improvements within the district and adjoining districts.
C. The Planning Commission shall either approve, approve with modification, or disapprove an
application for Major Site Plan Review.
(5) Modifications of the Site Plan.
A. Development shall be in conformance with the Site Plan and construction of site improvements
must be commenced within two years of Planning Commission approval; otherwise no development of the
land shall take place until a new Site Plan is approved pursuant to this section.
B. Approval of the Planning Commission is required before any modification of the approved Site
Plan may be made. Development of land or structure shall not proceed prior to final approval of the Site
Plan. Any development undertaken without such final approval is in violation of this zoning ordinance and is
an abatable nuisance.
(6) Modifications of development standards and design guidelines. The development standards
guidelines contained in this chapter are derived from the Community Plan and shall be used by any applicant
in preparing a development plan and by the Planning Commission in reviewing the same. This chapter
contains both development standards, which set forth specific requirements, and design guidelines, which
define a framework. Both the standards and guidelines shall be interpreted with flexibility. The Planning
Commission shall view the standards and guidelines of this chapter as tools, since exceptional situations
requiring unique interpretations are expected. Modifications to the development standards and design
guidelines contained in this chapter may be approved by the Planning Commission.
(7) Appeal. Any party with standing, including the administrative staff of the City, aggrieved or
affected by the decision of the Planning Commission involving an application for a site plan review may
appeal to Council by filing notice of intent to appeal within seven days and filing a petition with the Clerk of
Council within fifteen days from the time of decision and setting forth the facts of the case. Council shall
schedule and attempt to hold a public hearing on such appeal not later than thirty days after such appeal has
been filed with the Clerk of Council. The Council may reverse, remand, or modify such decision and shall
state the reason therefore. In the event that the Planning Commission has disapproved an application, it shall
take the favorable vote of three-fourths (6 of 7) of all members of Council.
(Ord. 98-13. Passed 9-8-98.)
1157.07 DEVELOPMENT STANDARDS AND DESIGN GUIDELINES.
The following standards and guidelines are provided as: (1) guidelines for consideration by applicants in
preparing site plans, and (2) criteria to be considered by the Director of Building and Zoning and the
Planning Commission in reviewing site plans.
(a) Purpose. To ensure that all development plans and traffic layouts are in conformance with the
general recommendations of the Grandview Heights Community Plan, which constitutes the development
plan for the City’s Business Districts.
(b) Development standards.
(1) Lot area and width. No specific standard is recommended since the City is almost fully
developed; each application will be considered on a case- by-case basis. However, prior to the approval of a
lot split or lot consolidation, it must be demonstrated that the development of the new lot will not adversely
impact surrounding development and be in conformance with the guidelines of this chapter.
(2) Side and rear yard areas. Side and rear yard areas must be sufficient to adequately serve as a
buffer adjacent to residential development.
A. In the C-1, C-2, and C-3 Districts there is no standard recommended for side yard areas,
although there must be consideration for fire fighting equipment to reach the rear yard. This area must be
kept clear for the passage and use of fire equipment for a width of not less than eight feet. Buildings next to
residential or open space areas should provide a side yard of eight feet. The minimum rear yard standard is
twenty percent (20%) of the lot depth, but need not exceed twenty-five feet.
B. In the M-1 District, main and accessory structures should maintain side and rear yard areas
that are proportional to the height and width or height and depth of the structure, especially when located
adjacent to a residential area. The minimum side yard standard in this District is one-third the height and
depth of the structure. The minimum rear yard standard is one-third the height and width of the structure.
C. For both cases, the minimum side and rear yard standard is fifteen feet from the interior lot
lines and twenty-five feet to any residential zoning district.
(3) Front yard areas. The minimum and maximum front yard standard is determined by the average
of existing building setbacks. In most instances, the Planning Commission may require new or expanded
development to build to the setback of the existing building or, where there is precedent, structures may be
required to be extended toward the street right-of-way. Front yards are to be devoted to landscape areas and
the necessary paving of driveways and sidewalks to reach parking or loading areas in the side or rear yard.
(4) Maximum lot coverage. No specific guidelines are recommended so long as it is demonstrated
that the development will not adversely impact surrounding development and will be in conformance with the
guidelines of this chapter.
(5) Maximum height. The standard is thirty-five feet when adjacent to residential districts and
forty-five feet in other instances.
(6) Parking setback line. The parking setback line establishes how close parking, loading, or
maneuvering may be located to a street right-of-way line. In C-1, C-2, C-3, and M-1 zoning districts, the
parking setback line is established ten feet from the right-of-way line.
(7) Open service and outdoor storage. These areas should not exceed ten percent (10%) of the lot
area in commercial districts; twenty-five percent (25%) in manufacturing district.
(8) Off-street parking spaces. Off-street parking spaces are to be provided as follows:
A.
Restaurants: One parking space for each 250 square feet of floor area.
B. Private Club: One parking space for each 400 square feet of floor area.
C. Church or Other Place of Worship, Auditoriums, Theaters, and Other Places of Public
Assembly: One parking space for each five seats.
D. Nursing Home, Residential Care Facility, Hospice: One-half space for each bed.
E.
Community Center, Library, Museum, or Similar Public or Semi-public Building: One
parking space for each 300 square feet of floor area in the building.
F. Medical Office Building: Buildings in which twenty percent (20%) or more of the gross area is
occupied by members of the healing profession; one parking space for each 200 square feet of the gross area
used for this purpose.
G. Professional and Administrative Offices: One per 300 square feet of floor area.
H. Bank: One per 250 square feet of floor area.
I. Retail Store: One parking space for each 250 square feet of floor area.
J. Vehicle Sales: One parking space per 300 square feet of floor area plus one space per 1,000
square feet of outdoor display.
K. Vehicle Repair: Three parking spaces per each service bay.
L. Manufacturing, Industrial, Research and Testing Laboratory: One parking space per each
employee on the largest shift plus one space per business vehicle normally on premise.
M. Warehousing: One per business vehicle, plus one parking space per the first 20,000 square
feet of floor area; one parking space per 5,000 square feet of the amount of floor area between 20,000 and
120,000 square feet, and one parking space per 10,000 square feet of the amount of floor area over 120,000
square feet.
N. Any Other Type of Business or Commercial Use in a Commercial District or Other Permitted
District: One parking space for each 250 square feet of floor area.
(9) Construction and location of parking spaces. Each off-street parking space is to be of a size and
be served by aisle widths that are no less than the following dimensions, and be of usable shape and
condition.
Mini
Mini
mum
Width
mum
Lengt
Aisle
h
9 ft.
19 ft.
22 ft.
Parallel parking
10 ft.
23 ft.
14 ft.
10 ft.
19 ft.
20 ft.
10 ft.
20 ft.
20 ft.
Driveways serving non-residential parking areas are to have a minimum width of eighteen feet and a maximum
width of twenty-five feet, except curb returns.
(10) Off-street loading requirements. There shall be provided at the time any building is erected or
structurally altered off-street loading space in accordance with the following requirements:
A. Office Buildings, Apartments, Apartment Hotels, Motels and Hotels: One space for each
5,000 to 50,000 square feet of gross floor area; two spaces for each 50,000 to 200,000 square feet of gross
floor area; one additional space for each 75,000 square feet of gross floor area above 200,000 square feet.
B. Retail or Service Establishment or Wholesale Commercial Use: One space for each 2,000 to
20,000 square feet of gross floor area; two spaces for each 20,000 to 100,000 square feet of gross floor area;
one additional space for each 75,000 square feet of gross floor area above 100,000 square feet.
C. Manufacturing or Industrial Use: One space for each 10,000 square feet of floor area or
fraction thereof in excess of 5,000 square feet.
(11) Joint use of facilities. The owners of two or more separate uses may establish a joint off-street
parking facility to provide the total number of required off-street parking spaces for all such combined uses.
The shared parking spaces may be excess spaces above the minimum code requirements or may be parking
spaces that are available when the hours of operation overlap. A written agreement must be approved by the
City Attorney and accepted by the Planning Commission. The written agreement will be filed along with the
application for a Certificate of Occupancy.
(c) Design Guidelines.
(1) Traffic concept. All points of ingress and egress onto public roadways and the overall distribution
scheme shall be shown, indicating traffic patterns and potential traffic control points. The criteria that must
be followed include:
A. Combined access points to the public right-of-way
B. Driveway/access easements to be provided for adjoining parcels
C. Minimization of conflict points between auto traffic and pedestrian traffic to include adequate
design and demarcation of pedestrian walkways from parking or driveway area
Minimum
Stall Width
D. Reverse frontage lots with access on interior streets
E. Street improvements that may be required by the Planning Commission if site and traffic
conditions warrant.
F. Buffering and screening, or other treatment to lessen impact on residential areas.
(2) Screening. The intent of this provision is to improve the appearance of parking areas and
property abutting public rights-of-way and to require buffering between non-compatible land uses in order to
mitigate negative visual impacts upon adjacent properties and along the public rights-of- way.
A. All non-residential establishments shall be required to enclose all outdoor refuse containers on
a minimum of three adjoining sides. This enclosure shall be constructed to maintain a minimum three- foot
clearance between itself and the dumpster, and shall be at least one foot higher than the highest part of the
refuse container or containers enclosed. Such enclosures shall be constructed of solid and opaque wood or
material similar to that of which the principle building is constructed. Construction-grade plain faced
concrete will not be permitted.
B. All parking lots and driving areas shall be screened along adjacent streets with a continuous
three-foot average-height planting, hedge, fence or wall.
C. All open service areas, outdoor storage areas, or loading docks shall be screened by walls or
fences, six feet minimum height, eight feet maximum height, that effectively conceal such operations from
adjacent streets or adjacent residential districts.
(3) Parking layout. A detailed parking layout must be shown to include the following:
A. Total number of on-site spaces.
B. Access points and expected movement through and between separate parking lot areas.
C. Opportunities for shared parking areas between two or more separate uses.
(4) Parking area landscaping.
A. All parking lots shall provide, in addition to screening requirements, two-inch dbh (diameter,
breast height) tree trunk size for every six parking spaces. All trees shall be balled and burlapped. The
minimum dbh of any tree shall be two inches.
B. Planting beds for parking lot trees shall be constructed so as to distribute landscaping
throughout the parking lot and to minimum damage to trunks and roots of the trees from vehicles,
pedestrians, and parking lot maintenance through the use of adequate soil planting area and curbing or
parking blocks. Planting soil area per tree shall be a minimum of forty-five square feet. The minimum
dimension for the planting area shall be five feet on any one side. All trees shall be maintained in a healthy
condition.
C. Any lot with a minimum dimension of fifty feet on any one side shall have at least one tree
planting per 6,000 square feet of paved surface. The minimum distance between deciduous trees, located in
separate planting beds, shall be thirty-six feet. Additional landscaping, trees, ground cover, hedge or
evergreens may be located between deciduous trees.
(5) Lighting. Any parking area with ten or more off-street parking spaces shall be illuminated during
poor visibility to provide an average intensity of one-half foot candle of light as measured at the parking
surface area. All outdoor lighting shall be of constant intensity and shall be directed, reflected or shielded so
as not to be of excessive brightness or cause glare hazardous to pedestrians or drivers, or create a nuisance,
or unreasonably interfere with a neighboring property owner’s right to enjoy his property. All lighting shall
be shielded so that no glare will extend to any adjacent property. In residential districts, no light shall be
located higher than fifteen feet above ground level,
(6) Utilities. The site plan must also consider the relocation of existing utility poles along public
streets to locations along the side or rear of the properties to be served.
(7) Signs. As regulated by the sign regulations, signage will be most significant in communicating
the character of the district. Signage should be discreet and minimal. Colors should be subdued, and where
appropriate, the architectural character of the sign should be consistent with that of the building. Signs flush
with the building face are in many cases preferable to projecting or ground signs. It is also preferred that
ground signs be installed on bases and supporting structures that consist of brick, stone or wood, or be
screened with evergreens to the top of the anchor bolts.
(8) Exterior design. The design treatment of the site and all proposed or renovated structures shall
ensure compatibility and sensitivity to adjacent properties and structures.
(Ord. 98-13. Passed 9-8-98.)
1157.08 FENCE REGULATIONS.
The following fence regulations shall be observed:
(a) No fence more than thirty percent (30%) solid or more than forty-two inches in height above the
established street or alley grade shall be erected within the corner area of a lot that is included between the
lines of two intersecting streets or the intersection of a street and alley and a straight line connecting them at
points twenty-five feet distant from said intersection.
(b) No fence shall be erected in any front yard.
(c) No fence shall be erected in any side or rear yard that is adjacent to the front yard of a neighboring
lot without prior approval of the Planning Commission.
(d) No fence shall be erected in the rear or side yard adjacent to the street/alley of a corner lot without
prior approval of the Planning Commission.
(e) Except as provided in subsections (a), (b), (c), and (d) hereof, fences not over five feet high may be
located on any part of a lot.
(f) Except as provided in subsections (a) and (c) hereof, fences not over eight feet high may be erected
on those parts of a lot that are as far back or farther back from the street as the rear of the main building.
(g) Every swimming pool, including existing swimming pools, shall be completely enclosed by a fence
of sturdy construction not less than forty-five inches in height, measured from the level of the ground where
located, which shall be of such design and construction as to effectively prevent a child from crawling or
otherwise passing through or under such fence. Each gate in such fence shall be provided with a secure lock
and shall be kept locked at all times when the depth of water in the pool exceeds eighteen inches, unless such
pool is in use or is under the immediate observation of a responsible person. No part of any fence shall be
located between the building setback line fixed by the Zoning Ordinance and the street on which the lot or
parcel abuts.
(h) No person, firm or corporation shall construct any barbed wire, metal pronged or spiked fence in a
commercial district.
(i) No electric current shall be applied to any fence.
(j) Fences shall be erected with the posts and other supporting structural elements facing inward toward
the principal structure and concealed from view of the adjoining properties whenever possible.
(Ord. 98-13. Passed 9-8-98.)
1157.09 GRANDVIEW COMMERCE MIXED USE DISTRICT.
1157.09.01 PURPOSE.
The Grandview Commerce Mixed Use District (District) was created to enable a mixed-use commerce
area on the vacated manufacturing zone at the east end of the City. This District presents an opportunity to
attract a large employment base while at the same time building a vibrant neighborhood that will complement
the balance of the City. The Grandview Heights Commerce District Plan adopted in 2005 in support of the
Grandview Heights Community Plan clearly articulates the objectives and planning principles of the
community and as such constitutes the purpose of this District.
The Grandview Heights Commerce District Plan establishes the planning and design framework for the
District. Infrastructure such as streets, parking, and water and sewer along with design elements such as
connectivity, walkability, and places for people, will be used to guide development within the planning
framework of the Grandview Heights Commerce District Plan. The regulatory approach of the District is in
keeping with the vision of mixed use developments which require a more flexible and innovative approach
than can be provided by more traditional zoning techniques. The framework and principles of this District
were adopted rather than traditional standards in the belief that greater flexibility will lead to better results.
The District helps ensure the implementation of the vision called for by the Grandview Heights Commerce
District Plan. To achieve this vision, the District and any future standards shall adhere to the following
general principles:
(a)
The District should be an energized urban district consisting of a mix of land uses, diverse
development, a grid of streets and pedestrian connections, attractive development and public spaces,
energized activity and graphics, and respect for the existing neighborhood edge to the west and commercial
edge to the north.
(b)
The District should always permit a diverse mix of land uses and development.
(1)
The District should allow for redevelopment that utilizes a mix of uses including
employment-oriented office, medical and technology-centered office, national, regional and local retail, and
range of residential uses.
(2)
The District should allow for multiple-story buildings that may integrate a vertical mix of uses.
(c)
The development pattern for the District shall extend the existing neighborhood street pattern and
make appropriate connections with the rest of the City.
(1)
Yard Street will serve as the primary centerpiece street for orienting buildings, spaces,
pedestrian connections, activity, and graphics.
(2)
Bobcat Avenue & Rail Street will provide access to the parking reservoir areas and back of
house operations and be attractively landscaped and accommodate pedestrians.
(3)
Streets and sidewalks surrounding the District shall be extended and connected into the District
in an attractive manner to reinforce its integration into the community fabric.
(d)
Compatible, high-quality development will be a signature of the District.
(e)
The District will create a walkable district that is enhanced by a quality public realm and open
space.
(1)
Public open space should consist of plazas, pocket parks, and visual landscape relief to the
surrounding built environment for the enjoyment of residents and visitors to the District.
(2)
This urban open space should be distributed throughout the District.
(f)
The District will be an energized, activated, and retail-supported environment that encourages
strolling, shopping, and people watching.
(1)
The District should be supportive of opportunities for community interaction, festivals, and
gathering.
(2)
The District will allow for vibrant graphics and signage that attracts crowds and retail tenants.
(g)
The District should respect the existing neighborhood edge to the west, the offices and retail
businesses on Goodale Boulevard, and the commercial district to the north while taking advantage of the
railroad tracks to the east.
(h)
Large Format Retail will be allowed (i) in the northern third of the District, and (ii) with the
approval of Planning Commission, in other areas of the District. Retail uses of 20,000 square feet or less in
floor space will be permitted throughout the District.
1157.09.02 DEFINITION OF TERMS
(a) ARCADE - Extension of a facade where a colonnade supporting habitable space overlaps the
sidewalk, while the facade at the sidewalk level remains at the building foundation line.
(b) AUTO-COURT - Frontage wherein a portion of the facade is set back to create an area suitable for
vehicular drop-offs. Permanent parking is not permitted.
(c) BLOCK - area circumscribed by public rights-of-way.
(d)
CERTIFICATE OF APPROPRIATENESS: A statement of land use and design approval awarded
by the Director, subject to the provisions of Section 1157.09.05 (c), determining that the proposed alteration,
expansion, construction or reconstruction to a site within the District, is consistent with the District
Framework Plan and this Section 1157.09.
(e)
CUT-OFF LIGHT - A fixture where the source of illumination is not visible from an established
plane of reference.
(f)
EMPLOYMENT-ORIENTED - Uses which contain a high number of employees per net floor
area of building space.
(g)
ENCROACH - To break the plane of a vertical or horizontal regulatory limit with a structural
element, so that it extends into a setback, into the public right-of-way, or height limitation.
(h)
ENTERTAINMENT USE - Establishments that sell commodities which are consumed or utilized
on the premises for recreation or leisure.
(i)
FACADE - Exterior wall of a building.
(j)
FORECOURT - Frontage wherein a portion of the facade is set back into the private site area to
create an internal open space.
(k)
GALLERY OVERHANG - Extension of an overhang to encompass a sidewalk and is either
cantilevered or supported by a colonnade.
(l)
LARGE FORMAT RETAIL - A single retail user that occupies more than 20,000 square feet of
retail sales space.
(m)
MIXED USE - Multiple functions within the same building through horizontal or vertical
stratification, or in another building by adjacency. Includes multi-story commercial office buildings or
multi-story residential buildings which contemplate retail uses on ground floor.
(n)
OFFICE TENANT - An occupant of building space dedicated to the engagement of general
business.
(o)
PARKING LOT- A surface lot paved with asphalt or concrete for the parking of vehicles that are
customers, employees, or residents of an adjacent parcel.
(p)
PARKING STRUCTURE - A building that contains one or more levels of parking above grade.
(q)
POCKET PARK - a small compact park space that is accessible to the general public which is
usually inserted between buildings and built space along a streetscape to provide a concentrated space for
landscape and outdoor seating.
(r)
PRE-APPLICATION REVIEW MEETING - a work session meeting between the Director and the
Applicant, the purpose of which is to ensure completeness of the submittal, which shall take place no less
than five (5) business days prior to the submission of an application and which shall be a staff level meeting.
The Pre-Application Review Meeting is required unless specifically waived by the Director.
(s)
PRIMARY FRONTAGE - Lot lines against public rights-of-way.
(t)
PRIVATE AMENITY ZONE - Portion of the pedestrian zone between the public right-of-way and
the building facade which connects the public sidewalk with storefronts and building entrances. This area can
be used for things such as wider sidewalks, planting strips, outdoor seating, and/or outdoor display.
(u)
PRIVATE IMPROVEMENTS - all improvements, structures, green spaces, plazas, and walkways
that are privately owned, including private streets, alleys and walkways granting easements for public access.
(v)
PUBLICLY DEDICATED IMPROVEMENTS - all roadways, streets, alleys and green spaces
that are publicly dedicated by plat or deed.
(w)
PUBLIC SPACE IMPROVEMENTS - all improvements located in or on Publicly Dedicated
Improvements or private property subject to a public easement that are not Publicly Dedicated
Improvements, including without limitation, lighting, landscaping, sidewalks, materials, utilities, and other
improvements.
(x)
REDEVELOPMENT - Renovation of a parcel that changes the character of the site plan or
building.
(y)
RESIDENTIAL COMPLEX - A grouping of habitable units.
(z)
RETAIL BUILDING - Any newly constructed building that is expected to consist primarily of
retail use(s); provided, that a Retail Building shall not be defined to include any Mixed Use building or the
rehabilitation of any existing buildings even if such buildings are to be used for retail purposes.
(aa)
RETAIL TENANT - An occupant of building space dedicated to the sale of merchandise
and/or food service.
(bb)
SETBACK - The area of a lot measured from the lot line to a building facade and is clear of
enclosed structures. Exceptions are made for permitted encroachments, gallery overhangs, and arcades.
(cc)
SHARED PARKING - Parking that is available to more than one user with consent of property
owner.
(dd)
STORY - The level of a building, excluding attics, basements, or mezzanines.
(ee)
STREET TREE - Trees and other landscape materials planted within a street right-of-way subject
to the review and final approval of the Director.
1157.09.03 APPLICABILITY AND EXTENT
(a) The provisions of this zoning district shall apply to all development within the boundaries of the
District, as established and expanded from time to time
(b) No building or private street shall be erected, converted, expanded, reconstructed, or structurally
altered from the exterior except in accordance with the development standards and design guidelines of the
District, in accordance with the permitting requirements in Sections 1137 and 1325.
(c) Interior remodeling or exterior modifications of a largely cosmetic nature including routine
maintenance and in-kind replacement of material are exempt from the requirements for a Certificate of
Appropriateness.
1157.09.04 AUTHORITY
(a)
The District Framework Plan, as depicted in Section 1157.09.07, as approved by City Council ,
shall serve as the general framework for the development and build-out of the District. The District
Framework Plan shall serve as the Preliminary Subdivision Plan required by Chapter 1107. Any
amendments or material changes to the District Framework Plan shall be subject to Section 1157.09.05(a).
The District Framework Plan, as amended, shall establish the overall boundaries of the District and the
overall block layout for the District, including all public streets.
(b) All approvals by the Grandview Heights Director of Building and Zoning (Director) in furtherance
of the District Framework Plan, as set forth herein, shall be considered administrative and in furtherance of
the plan of zoning set forth in the District Framework Plan, as amended.
(c) The Director shall be the design review authority for all Private Improvements and Public Space
Improvements, as defined in this Section 1157.09, permitted in accordance with the District Framework Plan
and Section 1157.09, as amended. This authority continues subsequent to occupancy.
(d) RESERVED
(e) The Planning Commission shall be the review authority and shall make recommendations for
approval or denial to Council, for (i) any single family detached or two-family detached residential
dwelling(s) located east of Bobcat Avenue, (ii) any Publicly Dedicated Improvements, (iii) any Parking
Structures other than the Parking Structures (as defined in this Section 1157.09) identified on the District
Framework Plan as of July 21, 2014, and (iv) any improvements that will be located within one hundred feet
(100' ) of the western boundary of the District in Blocks N, O and P.
(f) The Director shall be the review authority for all Private Improvements, Public Space
Improvements, and any Parking Structures identified on the District Framework Plan as of July 21, 2014.
1157.09.05 PROCEDURES
(a) Any material change or modification to the District Framework Plan, i.e. a change in District
boundaries, public street patterns or overall block layouts, constitutes a zoning amendment. Zoning
amendments shall follow the procedure set forth in Section 1143 "Amendments" of the Grandview Heights
Planning and Zoning Code.
(b)
The Director shall administer and enforce the provisions of this Section 1157.09. The Director is
charged with timely reviewing development applications within the District for compliance with the District
Framework Plan and this Section 1157.09, and approving a Certificate of Appropriateness for all applications
that are in compliance.
(c)
Within the District, the City shall not issue a certificate of zoning clearance or permit for
construction or exterior alteration pursuant to Sections 1137.12 and 1325 (to the extent applicable under
Section 1157.09.03 above), for any building unless a Certificate of Appropriateness has been approved by
the Director, subject to the further provisions of Section 1157.09.05(e).
(d)
With respect to proposed Private Improvements, Public Space Improvements and Parking
Structures administratively reviewed by the Director, following the Pre-Application Review Meeting as
defined in this Section 1157.09, the Director shall have ten (10) working days from the receipt of a complete
application submission to the City to approve or deny a Certificate of Appropriateness for an application.
Any denial shall specify the issues giving rise to the denial.
(e)
With respect to an application for the construction or improvement of Private Improvements,
Public Space Improvements and/or Parking Structures administratively reviewed by the Director, the
applicant may appeal any denial of a Certificate of Appropriateness by the Director or the failure of the
Director to approve or deny a Certificate of Appropriateness within the 10-day period provided in subsection
(d) above, to Council. Any denial shall specify the issues giving rise to the denial. The only matters to be
considered in any such appeal shall be those identified as the specified issues giving rise to the denial by the
preceding official or body, and all other matters contained in the application under consideration shall be
considered accepted, approved and not subject to further review. Any denial of a Certificate of
Appropriateness shall be subject to the right to judicial appeal after the applicant has exhausted its appeal
processes with the City as above provided.
(f) The Planning Commission shall be the review authority for all Publicly Dedicated Improvements as
defined in this Section 1157.09. The Director and the City Engineer shall review all design plans for Publicly
Dedicated Improvements for consistency with the District Plan and all applicable requirements for City
streets and public infrastructure and shall provide input and recommendations to the Planning Commission.
Final plans shall be submitted in a manner consistent with the procedures of this section. If the proposed
Publicly Dedicated Improvement includes the subdivision of land the improvement shall be subject to the
requirements of the plat approval process in accordance with Section 1157.09.05(j). Final plan approval and
final plat approval shall proceed simultaneously, unless a final plat has already been approved or is not
required for the completion of the project. The Planning Commission must recommend to Council approval
or denial of a Certificate of Appropriateness for the application within 30 days of the application' s initial
submission to the Director. Any denial shall specify the issues giving rise to the denial. The applicant may
request reconsideration of any denial by the Planning Commission of a Certificate of Appropriateness within
10 days. The only matters to be considered in any such appeal shall be those identified as the specified
issues giving rise to the denial by the Planning Commission, and all other matters contained in the application
under consideration shall be considered accepted, approved and not subject to further review. If a request
for reconsideration to Council does not result in an alteration or reversal of the denial, the applicant shall
have the right to judicial appeal after exhausting the foregoing appeal process with the City.
(g) The Development Standards set forth in Section 1157.09.09 shall serve as a framework to applicants
in preparing development plan documentation and they constitute the criteria the Director will use to evaluate
and approve development plans and that the Planning Commission shall use to evaluate plans for Publicly
Dedicated Improvements. These Development Standards shall also be used by Council in the event of any
appeal or request for reconsideration from the denial of a Certificate of Appropriateness, as described in
sections (e) and (f) above.
(h)
In addition to the normally required submittals for development approval, the applicant shall
provide adequate documentation to the Director or Planning Commission, as applicable, to show compliance
with the requirements set forth within this Code.
(i) The applicant may, but is not required to, introduce plans in a conceptual form to the Director to
review a preliminary proposal as a means of receiving guidance and constructive feedback prior to an official
submission.
(j) All preliminary subdivision plats that propose to dedicate streets to the City of Grandview Heights
for public use as public thoroughfares (but excluding any private streets that are subject to an easement for
public use) shall require review and approval by Planning Commission and Council. Preliminary subdivision
plats may include streets that are proposed for dedication but not ultimately dedicated. All final subdivision
plats that dedicate streets to the City of Grandview Heights for public use as public thoroughfares (but
excluding any private streets that are subject to an easement for public use) that were proposed for dedication
on approved preliminary subdivision plats as above provided shall require review and approval only by
Council. Streets proposed for dedication on approved preliminary subdivision plats as above provided may be
included in one or more final subdivision plats to be approved by Council. All other subdivision plats and/or
lot splits in furtherance of and consistent with the District Framework Plan (including, but not limited to, any
subdivision plats that include private streets that are subject to an easement for public use) shall be
administratively reviewed and approved by the Director and the City Engineer, without review by the
Planning Commission or Council . Any subdivision plats administratively approved pursuant to the
immediately preceding sentence shall be promptly executed by all required Grandview Heights officials to
permit their filing and recording. The provisions of this Section 1157.09.05(j) shall exclusively govern the
review, approval, execution and delivery of all preliminary subdivision plats, final subdivision plats and lot
splits within the District.
(k)
For development proposals for a Retail Building as defined in this Section 1157.09 to be located
in Blocks N, O and P, an application for concept review shall be submitted to the Director. The application
must contain a development statement describing the major aspects of the proposed development. The
development statement through narrative and graphics shall describe the proposed land use(s) and indicate the
standards associated with the site plan review process. Within ten (10) business days after receipt of an
application for concept review, the Director shall make a recommendation to Council to approve or deny the
concept and shall make recommendations for approval or denial to Council.
Approval of a concept plan will precede the submission of an application for a Certificate of
Appropriateness for a Retail Building as further provided in Section 1157.09.05(d).
1157.09.06 APPLICATION
For proposed developments in the District, an application for Certificate of Appropriateness shall be
submitted to the Director, with associated site and design plans. The application shall be accompanied by a
Grandview Yard Application Checklist (Development Checklist) demonstrating compliance by the applicant
with Section 1157.09, in the form attached hereto. If the application and Development Checklist comply
with the provisions of Section 1157.09, the Director shall issue a Certificate of Appropriateness subject to the
provisions of Section 1157.09.05.
(a) Development Statement. The application shall include a development statement/graphic that
describes the major aspects of the proposed development and how it relates to existing and future
development.
(b) Development Plan. Site plans and specifications showing all site improvements, including the
following, as applicable:
1) All parking and loading areas
2) All vehicular and pedestrian circulation routes internal to the development and how they connect
with the greater District and City
3) Handling of all waste and refuse materials
4) All proposed landscaping
5) Signage and graphics
6) All exterior lighting
7) Exterior building design surface treatments & material board
8) Street cross sections, street tree plans and street furnishings
9) Park and open space construction plans
10) Proposed property and/or lot lines.
11) For development areas within the District where a development agreement has been negotiated,
an accounting of the following:
A) Amount and percentage of project acreage developed, not including the new plan
B) Amount and percentage of project acreage developed including the new plan
C) Amount and percentage of project acreage remaining to be redeveloped, following
development of the new plan
D) Total amount of office (sq. ft.), retail (sq. ft.) and residential (units) developed to date within
the District and as a part of the application.
E) Other considerations, to the extent included in the GCMXD Development Application
Checklist by the applicant.
F) Platting Plan. Subject to the provisions of Section 1157.09.05(j), plans for the subdivision of
lots that include the dedication of streets or other public uses must include the submittal requirements of
Chapter 1107 Preliminary Plan and Chapter 1111 Final Plat.
1157.09.07 DISTRICT FRAMEWORK - GRANDVIEW COMMERCE MIXED USE
DISTRICT PLAN.
The Framework Plan may be updated by the Director as building blocks/phases or public improvements are
approved, or in the event of zoning amendments, as approved by Council, but no less than annually. A
substitution of any updated diagram depicting the Framework Plan in this section shall not constitute a zoning
amendment.
1157.09.08 LIST OF USES
(a)
Permitted Uses.
(1)
Commercial Office, including but not limited to:
A.
Administrative business operations
B.
Clinic
C.
Business, general
D.
Office building
E.
Office building, medical
F.
Professional offices
G.
Research and development uses which conform to the purpose of this chapter, including
research relating to product development in conjunction with testing, laboratory, and minor fabricating and
assembly operations.
H.
Technology-focused office
I.
Technology-focused research and development
J.
Town Center Business as set forth in 1157.01(4)
K. Pharmaceutical Sales and Distribution
(2)
Unless otherwise listed as a Conditional Use or a Prohibited Use in this Section, retail,
including but not limited to:
A.
Child day-care center as defined in O.R.C. 5104.01
B.
Entertainment
C.
Hotel
D.
Movie theater
E. Photo, dance, art, music studio
F.
Restaurant and food service
G.
Winery, brewery, and/or distillery restaurant
H.
Hardware store
I.
Dry goods and fashion retail
J.
Drive-thru facility related to above retail use
(3)
Residential, including:
A.
Single-family dwelling
B.
Two-family dwelling
C.
Townhouse
D.
Multi-family dwelling
E.
Assisted care facilities
F.
Skilled care facilities
G.
Accessory uses and accessory structures
(4)
Parking structure
(5)
Parking lot
(6)
Information kiosks
(7)
School
(8)
Public uses.
(b)
Conditional Uses. All uses not identified as Permitted Uses or Prohibited Uses, are considered
Conditional Uses, unless otherwise determined by the Planning Commission. The Planning Commission
shall review and approve, deny or approve with modifications all Conditional Uses in the District.
(c)
Prohibited Uses.
(1)
Sexually oriented businesses as defined in O.R.C. Section 2907.40(A)(15)
1157.09.09 DEVELOPMENT STANDARDS.
(a)
General Street Principles.
(1) The neighborhood will be oriented along Yard Street as the main feature street.
(2)
North-south framework streets (i.e. Bobcat Avenue and Rail Street) will allow vehicular
commercial traffic to circulate between Goodale Boulevard and Third Avenue. They will be landscaped and
provide pedestrian connectivity.
(3)
East-west avenue extensions (i.e. Burr Avenue, Williams Avenue, and Burrell Avenue/First
Avenue) will be extended east into the District and will connect with Bobcat Avenue, Yard Street and Rail
Street, as depicted on the District Framework Plan. These streets will provide pedestrian as well as
vehicular connectivity with the existing neighborhoods.
(4)
Additional alleys will be included within the District to provide service and access to portions
of larger blocks. These alleys will be designed to accommodate the level and type (e.g. vehicular, pedestrian)
of traffic and services anticipated.
(b)
General Building Placement Principles.
(1)
Building facades adjacent to designated primary frontages should address the fronting street
through the inclusion of entrances, architectural detailing and/or special façade finishes.
In the event a frecourt/greenspace is located between the primary frontage and the
building façade, then building entrances are not required at the primary frontage
provided architectural detailing and/or special façade finishes are utilized on the
building façade adjacent to the primary frontage.
(2)
Building facades may be placed around an auto-court as long as a landscape or architectural
edge condition is maintained along the primary frontage road.
(3)
Pedestrian connections should be established between the parking area and the sidewalk along
the public right-of-way for the commercial building which the parking area primarily serves.
(4)
There are no setback standards as part of this District.
(5)
Spaces between buildings within blocks A through I should be minimized except to allow green
space/plazas, pedestrian access, or limited building service drives. For Blocks J through M, landscape
elements may be used to hold the street edge in spaces between buildings along Yard Street, W. Third
Avenue, and the Burrell Avenue/First Avenue extension.
(6)
Residential buildings may include multiple-story structures and be incorporated into
commercial buildings. Freestanding townhouses, apartments, and/or condominiums should be oriented to
public or private street frontage, green space or courtyards.
(c)
General Building Form & Massing Principles.
(1)
The District may be supported by parking garages, joint & shared parking arrangements, public
or private parking areas and transit opportunities.
(2)
Building heights shall not exceed four (4) stories west of Bobcat Street and eight (8) stories west
of Yard Street. Building heights are not limited east of Yard Street.
(3)
Individual building lengths on Yard Street and the Burr, Williams, & Burrell/ First Avenue
extensions shall not exceed 300 feet at street level without a break in the façade, which break shall be defined
to include, but not be limited to, a variation in façade, building entrance, forecourt or building terminus.
(d)
General Architectural Principles.
(1)
Buildings should utilize a combination of facade modulation, differentiation of the base zone,
and provision of such elements as display windows, balconies, arcades, and awnings at the base of the
building.
(2)
Windows shall use transparent glass on the first floor of a commercial building.
(3)
Mechanical equipment on the roof of a building shall be screened from view from public
right-of ways at the primary facade.
(4)
All trash, service areas, and loading bays shall be screened.
(5)
Building materials shall consist of primarily brick, stone, stucco (smooth or sand finish), glass,
a pre-cast masonry, pre-cast concrete, metal, split-faced block, wood-lap siding, or fiber cement board.
(e)
General Building Frontage Principles.
(1)
Building projections, signs, balconies, awnings and bay windows may encroach into the
right-of-way.
(2)
Gallery overhangs and arcades may encroach upon public right-of-way and overlap the sidewalk
provided they do not disrupt public use. A pedestrian passageway with ten-foot vertical clearance must be
maintained underneath.
(3)
Buildings with retail frontages may have varied storefronts reflective of the tenant businesses.
(4)
Parking lots shall be buffered from all public street frontages with building, wall, fence,
landscaping, or mound.
(f)
General Parking Principles.
(1)
A parking strategy will be submitted with a plan addressing adequate parking needs for the
proposed development and how it fits with existing and planned parking within the District. Shared parking
between the various blocks shall be permitted and the presence of shared parking and/or public or private
parking areas (including, but not limited to, on-street parking) shall be considered when reviewing the
adequacy of parking needs for the proposed development.
(2)
Along Yard Street in blocks A through I, off-street parking should be located to the rear or side
of a building.
(3)
Large surface parking lots should have additional landscaping to compensate and visually reduce
the mass of the parking area.
(4)
Temporary parking conditions for future phases are permitted.
(5)
Public parking stall sizes may vary, but shall not be less than 8' -6' wide by 18' deep, and shall
not be less than a 58-foot parking module.
(6)
Curb-cut widths leading to off-street parking spaces shall be minimized to encourage pedestrian
cross movement and safety.
(g)
General Landscape Principles.
(1)
The Private Amenity Zone, where provided, shall include landscape or hardscape that is
complementary to the streetscape.
(2)
Areas between commercial buildings shall include a pedestrian plaza, pathway, or landscaping.
(3)
Street trees may be removed in place of a gallery overhang or arcade and substituted with lower
landscaping.
(h)
General Lighting Principles.
(1)
All site lighting fixtures shall be cut-off in type.
(2)
Building lighting may be used to highlight architectural features.
1157.09.10 RESERVED.
1157.09.12 SIGN PRINCIPLES.
(a) Purpose. The District has been created to foster a mixed-use commerce district that is vibrant and
full of energy organized along feature streets full of activity. It is designed to attract retail and office tenants.
To this end, graphics in the form of signs (including, the various types of signs described in Section
1157.09.12(d) below) and banners are an important component to the overall character and success of the
District. To achieve this vision, the principles herein shall adhere to this purpose.
(b)
Procedures.
(1)
These sign principles shall be applied within the District.
(2)
An application for signage approval shall be submitted to the Director. The applicant shall
submit the following information: a) Scaled elevation of the proposed signage; b) Location of the proposed
signage; and c) Proposed construction of the sign including materials, illumination, and mounting
specifications.
(3)
The sign application shall be accompanied by a Grandview Yard Sign Application Checklist
(Sign Checklist) demonstrating compliance with Section 1157.09.12 in the form attached hereto. If the Sign
Checklist complies with the provisions of this Section 1157.09.12, the Director shall issue an approval for
such signage within ten (10) working days from the receipt of a complete application, subject to the review
and appeal procedures set forth in Section 1157.09.05(e). Any denial shall specify the issues giving rise to
the denial.
(c)
General Principles for Signs.
(1)
It is anticipated that each business will have primary signage and secondary signage. Primary
signs are intended to be the main identifiers of a business while secondary signage should be subordinate in
size and character.
(2)
It is anticipated that a number of buildings and businesses will have main entries on multiple
sides of the building. In these situations, additional primary and secondary signage shall be permitted on
those sides.
(3) The copy of the sign should be restricted to the name, address, function, and logo of the
establishment. Phone numbers, web sites, and rates should not be posted on a permanent sign.
(4)
Standard retail signs, including standard logos and colors, shall be acceptable even if such
standard retail signs do not otherwise comply with the standards of this Section 1157.09.12.
(5)
Signs may be lighted from exterior sources, provided that the light source is cut-off.
(6)
The District is known publicly as "Grandview Yard". Gateway signs identifying the District
shall be permitted.
(7)
Wayfinding signs are permitted throughout the District.
(8)
All public parks within the District will be denoted by a small sign indicating that the space is a
public park.
(d)
Examples of Permitted Signs.
(1)
Awning sign - Letters and graphics applied to the surface of an awning.
(2)
Banner Sign - Signs mounted perpendicular to a building facade and are constructed of an
awning type materials. They are mounted vertically at two points.
(3)
Blade Sign - A sign that is mounted perpendicular to a building face.
(4)
Gateway Sign - A larger sign that identifies the District area and/or the tenants or other
occupants of the District. This sign type can take the form of a monument or pylon sign or some type of
specialty sign attached to or composed of an architectural feature.
(5)
Marquee Sign - Letter forms that are attached to or project above a vertical surface of an
architectural canopy.
(6)
Medallion Signs - Plaques or mosaics set flush into pavement.
(7)
Plaque Sign - Dimensional panels mounted flat against the building facade.
(8)
Primary Sign - A sign that is generally larger in scale or prominence and is the main business
identifier.
(9)
Secondary Sign - A sign that is smaller in scale and prominence than a primary sign on a
building facade and is generally pedestrian oriented.
(10)
Sidewalk Sign - A sign placed on the sidewalk and is fabricated as such that the sign imagery
and/or information can be changed.
(11)
Temporary Sign - A small sign advertising the sale or lease of that property, or a
ground-mounted sign that advertises future development of that property. See Section 1167.01.
(12)
Wall Sign - Letter or logo forms attached to a panel or directly to a building facade.
(13)
Window Sign - Letters and graphics that are placed directly on or behind the glass of window
and/or doors. They can also consist of neon signs displaying the tenant' s identity.
GRANDVIEW COMMERCE MIXED USE DISTRICT | Development Application Checklist
APPLICANT
PROJECT NAME
PROJECT USE
Pre-Application Review Meeting Date:
SUBMITTAL DATE
SUBMITTAL CHECKLIST
Completed Application
Payment of Required Fees
If the application includes a lot split or subdivision request, legal description and/or property survey for
each parcel included
Development Statement or Graphic Illustration describing major aspects of proposed Project and how it
relates to existing and future development, consistent with 1157.00.01 and 1157.09.09.
Development Plan Content
Included Not Applicable
Parking and loading areas
Provisions for waste and refuse handling
Landscape Plan
Signage and graphics
Exterior lighting plan
Exterior building design surface treatments and material board
Street cross sections, street tree plans and street furnishings
Park and open space construction plans
Property and/or lot lines
Included
Not Applicable
Existing Conditions Plan that includes:
" At least 100-foot radius
" North arrow and bar scale
" Accurate boundaries of the development area including dimensions, total
" Acreage and all adjacent rights-of-way
" Existing public improvements, permanent facilities, easements for public use and property
boundaries
" Existing structures on the site and abutting properties
Depiction of existing public and private utility systems
The location of any lands to be dedicated to the City
The general vehicular circulation pattern.
SUBDIVISION PLAT/LOT SPLIT
Yes No N/A
Consistent with the District Framework Plan
Does not include the creation of any new publicly dedicated streets
DEVELOPMENT PLAN CHECKLIST
Yes No N/A
Are pedestrian connections established between the parking area and the sidewalk along the public
right-of-way for the commercial building which the parking area primarily serves?
Are building heights four (4) stories or less west of Bobcat Street and/or eight (8) stories or less
between Bobcat and Yard Streets?
Do windows utilize transparent glass on the first floor of commercial buildings?
Is rooftop mechanical equipment screened from view from the public rights-of-way at the primary
façade?
Do building materials consist of primarily brick, stone, stucco (smooth or sand finish), glass,
pre-cast masonry, pre-cast concrete, metal, split-faced block, wood-lap siding, and/or fiber cement board?
Does the parking strategy plan adequately serve the parking needs of the proposed development
while taking into consideration shared and public or private parking (including on-street) opportunities?
Are parking lots buffered from public street frontages with building, wall, fence, landscaping,
and/or mounds?
Is landscaping used to visually reduce the mass of the parking area?
Are parking stalls at least 8' -6' wide by 18' deep, and fit not less than a 58-foot parking module?
Do areas between commercial buildings include a pedestrian plaza, pathway, or landscaping?
Does site lighting utilize cut-off fixtures.
Is it a Retail Building in Block N, O or P? If so, must have concept review from Council.
DEVELOPMENT DATA
If Project within an area of the District subject to a Development Agreement:
1. Amount and percentage of acreage subject to Development Agreement developed excluding the
Project:
2. Amount and percentage of acreage subject to Development Agreement developed including the
Project:
3. Amount and percentage of acreage subject to Development Agreement remaining to be developed,
following the development
of Project:
4. Total amount of the following development to date of the acreage subject to the development
Agreement, including the Project:
Office [sq. ft.] _____________________
Retail [sq. ft.] _____________________
Residential [units]
Applicant certifies that the proposed Project complies with the Grandview Commerce Mixed Use District
Framework Plan and Development Principles required by Section 1157.09 of the Codified Ordinances of the
City of Grandview Heights, Ohio.
Dated:
APPLICANT:
By:
Name:
Title:
--------------------------------------------------------------------------------------------------------------------TO BE COMPLETED BY DIRECTOR [ FOR CITY INTERNAL USE ONLY]:
Date application filed with Building Department: _________________________________
Is application complete?
YES
NO
City Engineer Comments: ____________________________________________________
_________________________________________________________________________
If application is for Private Improvements, Public Space Improvements, for Parking Structures
identified on the District Framework Plan as of July __, 2014, Building Director hereby
APPROVES
DENIES (circle one) application
If application is denied, state reason(s) for denial (attach additional pages if needed):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
If application is for any single family detached or two-family detached residential dwelling(s) located
east of Bobcat Avenue, Publicly Dedicated Improvements, Parking Structures not identified on the
District Framework Plan as of July __. 2014 or improvements to be constructed within one hundred
feet (100') of the western boundary of the District in Blocks N, O and P, to be heard by Planning
Commission on ______________, with recommendation to be sent to Council for approval within 30 days of
filing.
Planning Commission recommendation: __________________________________________________
Council heard application on __________ and APPROVED DENIED (circle one) the application.
If application is denied by Council, state reason(s) for denial (attach minutes of Council meeting or additional
pages if needed):____________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_____________________________________
Signature of Building Director
Date
GRANDVIEW COMMERCE MIXED USE DISTRICT | Signage Checklist
APPLICANT
PROJECT
ADDRESS
DATE
SUBMITTAL CHECKLIST
Completed Application
Payment of Required Fees
Signage Proposal
Included Not Applicable
Scaled elevation of the proposed signage
Location(s) of primary and secondary tenant signage elements
Location(s) of primary and secondary building signage elements
Proposed construction of the sign including materials, illumination, and mounting specifications
Graphic illustration depicting sign appearance, including dimensions, colors, and lighting
technology (sign may only include name, address, function, and graphic logo of the establishment)
Applicant certifies that the proposed signage complies with the Sign Principles required by Section
1157.09.12 of the Codified Ordinances of the City of Grandview Heights, Ohio.
Dated:
APPLICANT:
By:
Name:
Title:
(Ord. 2014-23. Passed 7-21-14.)
CHAPTER 1167
Signs
1167.01
Signs.
CROSS REFERENCES
Sign definitions - see P. & Z. 1133.02
Nonconforming advertising signs - see P. & Z. 1153.03(d)
Parking lot or storage garage signs - see P. & Z. 1153.07(g)
1167.01 SIGNS.
(a) The following signs are allowed in all districts:
(1) Temporary signs not exceeding twelve square feet in area advertising the sale or lease of real
estate when located upon property to which the sign refers and when not located closer than ten feet to a lot,
which signs shall be removed upon sale or lease of the property.
(2) Temporary ground signs advertising future use of development of property on which such signs
are located may be maintained subject to the provisions of this section, provided such signs do not exceed
thirty square feet in area or remain longer than six months. "For Rent" and "For Lease" signs in
commercial and industrial districts for new buildings shall not exceed forty-eight square feet or remain more
than ninety days after the building is completed.
(3) Church or public building bulletin boards not exceeding twelve square feet in area.
(4) Traffic and public signs.
(5) Home occupation signs as defined herein.
(b) In the RA Residential Districts, there may be one wall sign attached to the building, projecting no
more than twelve inches, not exceeding twenty-five square feet in area and relating only to the name or use
of the building.
(c) In the C-1, C-2, C-3 and M Districts, there may be ground signs, wall signs, projecting signs, post
signs, marquee signs, window and awning signs when displaying no advertising matter except pertaining to
the business conducted in the building or on the premises on which such sign is placed. The total square
foot area of ground signs, wall signs, projecting signs, marquee signs and awning signs shall not exceed
one-fifth of the total square foot area of the face of the building on which they are placed. There shall not
be more than one post sign for each 100 feet of street frontage. No post sign shall extend closer than ten
feet to a lot line.
(d) The following additional sign regulations shall be observed:
(1) Awning signs. One awning sign shall be permitted on a premises. The total area of one face of
the sign shall not exceed six square feet and the vertical dimension of the sign shall not exceed twelve inches.
(2) Billboard and roof signs. Billboard and roof signs are prohibited in all districts.
(3) Changeable copy signs. Changeable copy is prohibited except for bulletin boards and motion
picture marquees.
(4) Gasoline service stations. Gasoline service stations whose principal business is the sale of motor
fuel may display signs in addition to those herein authorized. Such signs shall be limited to the following:
A. One double-faced sign not exceeding five square feet on a side is permitted for each set of
motor fuel pumps identifying "self-service" or "full service".
B. Signs, not exceeding three in number, with each sign being single or double-faced having a
total aggregate area including the sign frame and surrounding surfaces of not more than fifteen square feet on
each side are permitted for the display of motor fuel price information. The top of such signs shall not
extend more than five feet above the finished grade of the service station. Such signs may be fixed or
portable but shall not be located nearer to the street than the motor fuel pump islands that are nearest such
street and such signs shall not be internally illuminated. These signs are limited to the identification of the
grade or type of motor fuel sold and the price.
(Ord. 94-33. Passed 10-3-94.)
(5) Ground signs. No ground sign shall impair or impede the safe and ordinary flow of vehicular or
pedestrian travel or traffic or extend higher than six (6) feet above the finished grade. Permanent ground
signs shall not be located within the required front and side yards unless approved by the Planning
Commission. The total sign area shall not be more than sixty percent (60%) of the total sign area allowed
under subsection (d)(2) hereof. The sixty percent (60%) total sign area applies whether a ground sign is
used exclusively or in conjunction with other signs and is to be located not closer than ten feet to an adjoining
property line. There shall be no more than one ground sign per parcel.
(Ord. 97-26. Passed 9-2-97.)
(6) Home occupation signs. (EDITOR’S NOTE: Former subsection 1167.01(d)(6) was repealed by
Ordinance 94-34, passed December 5, 1994.)
(7) Illumination. Internally illuminated signs shall be constructed so as to allow the illumination of
only letters, numbers or other identifying symbols on the display surface. Internally illuminated signs shall
not exceed 800 milliampere fluorescent tubes mounted not closer than twelve inches on center. External
illumination shall be installed so that the light source is not visible and reflects away from adjoining
premises. No external light source shall be located or arranged so as to cause confusion or a hazard to
traffic. No light shall pass through the background.
(8) Lettering and colors. There shall be no more than two styles nor three sizes of lettering used for
any sign including characters or trademarks. No more than four colors, including black and white, shall be
used.
(9) Marquee signs. Marquees may extend eight feet into a front yard. Marquees shall be not less
than eleven feet above the ground at its lowest level. A sign may be placed upon a marquee provided such
sign does not extend more than three feet above nor one foot below such marquee.
(10) Movement. No sign shall incorporate movement or the illusion of movement. Flashing signs
shall not be permitted. (Ord. 90-44. Passed 9-4-90.)
(11) Numerical address. The owner of any commercial, industrial or public building abutting upon
the streets within the corporate limits of the City shall display in a conspicuous place on the front side of such
building a permanent sign displaying the numerical address of the building in Arabic numbers not less than
four (4) inches and no more than twelve (12) inches in height. The color of the numbers shall be in contrast
to the color of the surface on which they are mounted and the view of the numbers shall be unobstructed
from the street on which the building is numbered. Signs within this specification shall not require a permit.
(Ord. 2009-41. Passed 3-1-10.)
(12) Off-premises signs. Off-premises signs are prohibited.
(13) Paper posters and certain signs or devices prohibited. Paper posters applied directly to the
wall, building, pole or other support and letters or pictures in the form of advertising, printed or applied
directly on the wall of a building are prohibited. Temporary signs may be displayed in or attached to the
inside of show or display windows provided the total sign area does not exceed twenty percent (20%) of the
show or display window area. Signs or devices which by color, location or design resemble or conflict with
traffic control signs or devices are prohibited. No sign shall contain flashers, animators, mechanical
movements or contrivances of any kind, excepting clocks.
(Ord. 90-44. Passed 9-4-90.)
(14) Pennants/streamers/banners. Pennants, streamers and banners are prohibited unless approved by
the Mayor. Upon such approval, pennants, streamers, and banners may be displayed for a time period not
to exceed thirty days unless otherwise authorized by the Planning Commission.
(Ord. 01-10. Passed 6-4-01.)
(15) Political signs.
A. Identification of source. No person shall publish any political communications, as defined in
Ohio R.C. 3599.09, appearing within the City, unless it is identified as to source as prescribed by Ohio R.C.
3599.09(A). Such source shall be liable for any use of such communication in violation of this section.
Any political communication not bearing such identification of source or authorship shall be rebuttably
presumed to be the product of the person in possession of such communication.
B. Display of political signs. No political signs may be displayed within the City, except upon
the following conditions:
1. Such signs, which may be lettered on both sides, shall not exceed six square feet in area or
display surface on any side, or an aggregate total of twelve square feet, and shall not be displayed in excess
of four feet in height above the ground level, unless displayed from the window of a permanent structure.
2. Such signs shall not be located within fifteen feet of a street or within five feet of a
sidewalk.
3. Such signs shall not be illuminated in any manner.
4. Such signs shall not be located on any public property, street or right of way, nor shall such
signs be attached to any tree, utility pole, fence, traffic sign or other structure located upon public property,
street or right of way.
5. Not more than one sign for each candidate, question or issue shall be permitted for each lot
on which such sign is located. In the event more than one sign is displayed on a lot or parcel, the aggregate
total display area of all such signs shall not exceed twenty-four square feet.
6. Political signs printed and or displayed for a particular election shall be removed before and
not displayed on the Tuesday following such election.
C. Enforcement. The Director of Building and Zoning shall order, in writing, the property
owner or occupant of property upon which any sign has been erected in violation of the above conditions, to
remove the sign forthwith or to bring it into compliance with the above-listed conditions. Any property
owner or occupant of property that fails to obey the order of the Director of Building and Zoning within
twenty-four hours of receiving notice shall be deemed guilty of a separate violation of this subsection for
each improper sign listed in the order. Each day of such continued violation of each sign shall be deemed a
separate offense.
The Director of Building and Zoning shall remove and impound all signs placed
on any public property, street, or right of way. Signs not claimed within 48
hours of impoundment may be destroyed.
D. Penalties. Any person or campaign committee violating any of the provisions of this section
shall be deemed guilty of a minor misdemeanor and upon conviction of a subsequent violation of the same
provision within one year when the same is so specified in the complaint shall be guilty of a misdemeanor of
the fourth degree.
(Ord. 94-33. Passed 10-3-94.)
(16) Portable signs. Portable signs are prohibited.
(Ord. 90-44. Passed 9-4-90.)
(17) Post signs. No post sign shall impair or impede the safe and ordinary flow of vehicular or
pedestrian travel or traffic. The maximum square foot area for each face of a post sign shall not exceed a
total area of fifty square feet per face or a total of 100 square feet for all faces. No post sign shall exceed
six feet in height.
(Ord. 97-26. Passed 9-2-97.)
(18) Projecting signs. Projecting signs may extend not more than four feet six inches from the
building into the front yard.
(19) Sign area. The area of all permanent advertising signs for any single building shall be
equivalent to one and one-half square feet of sign area for each lineal foot of width of building, but shall not
exceed a maximum area of 100 square feet. In computing the area, all faces on which advertising is
displayed are considered sign area.
(20) Wall signs. No wall sign shall extend beyond the building more than twelve inches. No wall
sign shall be so erected as to cover the doors or windows of any building or otherwise prevent free ingress or
egress to or from any window, door or any fire escape of any building nor shall it project beyond any corner
or above the coping or eaves of any building. Wall signs are not to exceed forty square feet or ten percent
(10%) of the eligible wall surface, whichever is greater.
(21) Window signs. The total area of window signs shall not exceed twenty-five percent (25%) of
the frontal glass area.
(e) Nonconforming Signs. A sign which is nonconforming on the effective date of this chapter which
does not conform with the regulations of this or a subsequent amendment, shall be deemed a nonconformity.
The purpose of this chapter, in addition to providing specific standards for the design, construction and
erection of every new graphic, sign, marquee, canopy and awning, is to cause every graphic or other sign in
violation of any provision of this chapter to be removed, altered or replaced so as to conform with the
provisions of this chapter.
(1) Authority to continue existing nonconformities. Any permanent graphic, sign, marquee, canopy
or awning other than a temporary sign, which is deemed to be a nonconformity, which was erected pursuant
to a City permit and in place on the effective date of this chapter, and which remains or becomes a
nonconformity upon the adoption of this chapter or any subsequent amendment thereto, may be continued
only in accordance with the following regulations:
A. Repairs. Ordinary repairs and nonstructural alterations may be made to a nonconforming
sign. No structural alterations shall be made in, to or upon such nonconforming sign, except those required
by law to make the sign conform to the regulations of this chapter.
B. Additions and enlargements. A nonconforming sign shall not be added to or enlarged in any
manner, except to make the sign conform to the regulations of this chapter.
C. Moving. No nonconforming sign shall be moved in whole or in part to any other location
unless such sign, and the use thereof, is made to conform to all regulations of this chapter.
D. Restoration of damaged nonconforming signs. A nonconforming sign which is destroyed or
damaged by fire or other cause to the extent that the cost of restoration will exceed sixty percent (60%) of the
replacement cost of such sign, shall not be restored unless it is made to conform to all the regulations of this
chapter, or any subsequent amendment thereto. In the event that such damage or destruction is less than
sixty percent (60%) of the original cost of such sign, no repairs or construction shall be made unless such
restoration is started within six months from the date of the partial destruction and is diligently pursued to
completion.
E. Discontinuance of use of nonconforming signs. A nonconforming sign, the use of which is
discontinued for a period of thirty days, shall thereafter conform to the regulations of this chapter.
F. Change of use of nonconforming signs. Where the business, use or identity associated with
the nonconforming sign at the time of the adoption of this chapter thereafter terminates or changes, such
termination or change of use shall require termination of the nonconforming sign, and the use of such sign
shall thereafter conform to the regulations of this chapter.
G. Conformance date. All graphics, signs, marquees, canopies and awnings rendered
nonconforming by the provisions of this chapter are hereby declared a nuisance and shall be removed, altered
or remodeled to conform to the provisions of this chapter no later than January 1, 1995.
H. When a structure and/or use is nonconforming and the signage restrictions for the district in
which it is located would cause hardship, the regulations of the district most compatible with the current
and/or proposed use shall be used.
I. Any sign, graphic or numeral display embossed, etched, engraved or otherwise an integral part
of the original building' s masonry architecture which was in existence prior to the effective date of this
subsection (e) may be continued provided such sign, graphic or numeral display is maintained as originally
designed and intended.
J. Penalty. Any person, firm or corporation violating the provisions of this chapter shall be
guilty of a misdemeanor and shall be fined not more than two hundred dollars ($200.00) for each offense.
Each day that a sign is erected or maintained in violation of this chapter shall constitute a separate offense.
PART THIRTEEN - BUILDING CODE
TITLE ONE Administration
Chap. 1301.
Residential Code of Ohio.
Chap. 1305.
Definitions.
Chap. 1309.
Interpretation and Application.
Chap. 1313. Department of Building and Zoning.
Chap. 1317.
Unsafe Building and Conditions.
Chap. 1321.
Violations; Penalty.
Chap. 1325.
Permits and Fees.
Appendix A.
Fee Schedule.
TITLE THREE Local Standards
Chap. 1331.
Residential Housing Regulations.
Chap. 1335.
Nonresidential Standards.
Chap. 1339.
Flood Damage Prevention.
Chap. 1343.
Numbering Structures.
Chap. 1347.
Hotels and Motels.
PART THIRTEEN - BUILDING CODE
Appendix A.
TITLE ONE - Administration
Chap. 1301.
Residential Code of Ohio.
Chap. 1305.
Definitions.
Chap. 1309.
Interpretation and Application.
Chap. 1313.
Department of Building and Zoning.
Chap. 1317.
Unsafe Building and Conditions.
Chap. 1321.
Violations; Penalty.
Chap. 1325.
Permits and Fees.
Fee Schedule.
CHAPTER 1301
Residential Code of Ohio
1301.01
1301.02
Purpose.
Climatic and geographic design.
CROSS REFERENCES
Adoption of technical codes - see Ohio R.C. 731.231
Residential housing regulations - see BLDG. 1331
Nonresidential building standards - see BLDG. 1335
1301.01 ADOPTION.
Ohio Administrative Code 4101:8, Residential Code of Ohio, as promulgated by the Ohio Board of
Building Standards, shall apply and be enforced within the City of Grandview Heights.
(Ord. 2006-13. Passed 5-15-06.)
1301.02 CLIMATIC AND GEOGRAPHIC DESIGN.
The following climatic and geographic design criteria is adopted:
Ground Snow Load (20 Lbs. Per Sq. Ft.)
Wind Speed
(90 MPH)
Seismic Design - Category (B) 0.17 g< Sds< 0.33g
Subject to Damage from Weathering (Severe)
Subject to Damage from Frost Line Depth (32 inches)
Subject to Damage from Termite (Moderate to heavy)
Subject to Damage from Decay (Slight to moderate)
Winter Design Temperatures
for Heating Facilities (0 Degrees Fahrenheit)
Ice Shield Underlayment Required (Yes)
Flood Hazards:
(a)
Date of adoption of first ordinance for
Management of Flood hazard areas. (July 7, 1980)
(b) Date of the current effective Flood
Insurance Rate Map (FIRM) (June 17, 2008)
Air Freezing Index (1500)
Mean Annual Temperature (50 Degrees Fahrenheit).
(Ord. 2010-01. Passed 3-1-10.)
CHAPTER 1305
Definitions
1305.01
1305.02
1305.03
1305.04
1305.05
1305.06
1305.07
1305.08
1305.09
1305.10
1305.11
1305.12
1305.13
1305.14
1305.15
1305.16
1305.17
1305.18
1305.19
1305.20
1305.21
1305.22
1305.23
1305.24
1305.25
1305.26
1305.27
Letter A.
Letter B.
Letter C.
Letter D.
Letter E.
Letter F.
Letter G.
Letter H.
Letter I.
Letter J.
Letter K.
Letter L.
Letter M.
Letter N.
Letter O.
Letter P.
Letter Q.
Letter R.
Letter S.
Letter T.
Letter U.
Letter V.
Letter W.
Letter X.
Letter Y.
Letter Z.
Supplemental definitions.
CROSS REFERENCES
General Code definitions - see ADM. 101.02
Subdivision Regulations definitions - see P. & Z. Ch. 1103
Zoning definitions - see P. & Z. Ch. 1133
This chapter includes, in its entirety, Chapter 4101.2 of the Ohio Basic Building Code. The following
revisions and additions apply to this chapter.
1305.01 LETTER A.
(a) "Alteration" as applied to one, two, and three-family dwellings and related accessory buildings
means a permanent change or modification in construction, fixtures and/or equipment which does not include
an addition to the building or structure.
(b) "Approval" of a material, device, or mode of construction refers to the approval by the Building
Inspector as the result of investigation and tests conducted by him or by reason of accepted principles or tests
by national authorities, technical or scientific organizations.
(c) "Approved agency" means an established and recognized agency regularly engaged in conducting
tests or furnishing inspection services, when such agency has been approved by the Building Inspector of the
Ohio Board of Building Standards.
(Ord. 41-79. Passed 11-5-79.)
1305.02 LETTER B.
(a) "Building"
(1) "Addition" means a part added to a building, either by being built so as to form one architectural
whole with it, or by being joined with it in some way, as by a passage, and so that one is a passage, and so
that one is a necessary adjunct or appurtenance of the other or so that both constitute the same building.
(2) "Building line" means the clearance line limiting the approach of a building, exclusive of open
porches, steps, terraces, or walkways, to a property line, or to other buildings on the same lot.
(3) "Existing building" means a building already erected or one for which a legal permit had been
issued prior to the adoption of the Building Code.
(Ord. 41-79. Passed 11-5-79.)
1305.03 LETTER C.
"Cast stone" means a building stone manufactured from precast concrete and used as a trim, veneer or
facing on or in buildings or structures.
(Ord. 41-79. Passed 11-5-79.)
1305.04 LETTER D.
(a) "Departmental Regulations" means printed interpretations of sections of the Building Code prepared
by the Director of Building and Zoning.
(b) "Director of Building and Zoning" means the officer charged with the administration and
enforcement of the Building Code or his regularly authorized deputy.
(c) "Dome" means a roof formed by a series of arches or curved surfaces, every point of which is in a
curved surface, receding from the supporting walls of the buildings and springing from a plane base either
circular or polygonal and converging and meeting at a ridge or finial with no appreciable part of such roof
flat or a plane surface.
(d) "Dormer" means a minor architectural roof structure containing one or more small vertical window
and situated upon a sloping roof.
(e) "Dwelling" means any residence building or portion thereof, which is not an "apartment house", as
defined in this chapter, which contains one, two or three apartments used, intended or designed to be used,
rented, leased, let or hired out to be occupied or which are occupied for living purposes for one family each.
1305.05 LETTER E.
No requirements. (Ord. 41-79. Passed 11-5-79.)
1305.06 LETTER F.
(a) "Fire zone" means any area designated by any fire safety ordinance, rule or regulation.
(b) "Front of lot" means the front boundary line of a lot bordering on the street and in case of a corner
lot, may be either frontage.
(c) "Fuel-burning equipment" means any furnace, incinerator, refuse burning equipment, boiler,
apparatus, device, mechanism, stack or structure used in the process of burning fuel or combustible material.
(Ord. 41-79. Passed 11-5-79.)
1305.07 LETTER G.
(a) "Garage"
(1) "Private garage" means a building or portion of a building not more than 1200 square feet in area
in which not more than four motor vehicles are stored or kept and in which no business or industry connected
directly or indirectly with the repair or servicing of such motor vehicles is carried on.
(b) "Garbage incinerator" means a structure or apparatus within which garbage can be consumed by
combustion.
(c) "Gasoline service station" means the premises, including the building and equipment, used for
selling at retail of products for the propulsion of motor vehicles and, in addition thereto, may include the
following:
(1) The sale of kerosene, package naptha, stoddard solvent, lubricants, tires, batteries, anti-freeze,
and items of motor vehicles accessories customarily associated with such retail business;
(2) Lubricating of motor vehicles;
(3) Rendering of services, including making of adjustments and repairs other than major repairs to
motor vehicles;
(4) Washing, polishing, and application of wax and similar finish protectives.
The gasoline storage facilities of such use shall conform to the rules and regulations of the Fire Prevention
Code.
(Ord. 41-79. Passed 11-5-79.)
1305.08 LETTER H.
1305.09 LETTER I.
1305.10 LETTER J.
1305.11 LETTER K.
1305.12 LETTER L.
(a) "Lot" means a parcel of land occupied or designated to be occupied by one building and the
accessory buildings or occupancies customarily incident to it, including such open spaces as are required by
the Zoning Ordinance and such open spaces as arranged and designated to be used in connection with such
building.
(b)
"Loads"
(1) "Live loads" means the imposed, fixed or transient loads other than "dead loads" and "wind
loads".
(2) "Dead load" means the weight of walls, partitions, floors, roofs and other permanent
construction of a building.
(Ord. 41-79. Passed 11-5-79.)
1305.13 LETTER M.
1305.14 LETTER N.
1305.15 LETTER O.
"Owner" means owner or owners of the freehold of the premises or lessor estate therein, a mortgagee or
vendee in possession, receiver, administrator, executor, trustee or other person, firm or corporation, directly
in control of the building or premises under consideration for construction, alteration, removal or repair.
(Ord. 41-79. Passed 11-5-79.)
1305.16 LETTER P.
(a) "Passageway" means an enclosed hallway or corridor connecting a required exit to a street, or other
open space communicating with a street when such required exit does not lead directly to a street.
(b) "Person" means a natural person, his heirs, executors, administrators or assigns, and also includes a
firm, partnership, corporation, contractor, or subcontractor, its or their successors or assigns, or the agent of
any of the aforesaid.
(c) "Platform" means a raised section of floor not enclosed by walls above the platform floor level.
This definition shall not include a stage as defined in the Ohio Basic Building Code.
(d)
"Premises" means land and everything of a permanent nature attached thereto as a part of the realty.
(e) "Property line" means the line of demarcation between properties either public or private.
(Ord. 41-79. Passed 11-5-79.)
1305.17 LETTER Q.
1305.18 LETTER R.
"Row" means a group of connected dwellings separated by vertical fire walls, each dwelling having its
own front and rear yards and having appropriated to it the entire building between the fire walls.
(Ord. 41-79. Passed 11-5-79.)
1305.19 LETTER S.
(a) "Skeleton construction" means that construction whereby all external and internal loads and stresses
are transmitted to the foundation by a skeleton or framework of metal or concrete reinforced by metal.
(b) "Spire" means a tapering structure with vertical dimensions much greater than the dimension of the
base.
(Ord 41-79. Passed 11-5-79.)
1305.20 LETTER T.
1305.21 LETTER U.
1305.22 LETTER V.
(a) "Value or valuation" shall be the estimated cost to replace the building in kind, as determined by the
Building Inspector.
(b) "Vestibule" means a small hall or lobby between the outer entrance and the interior of a building.
(Ord. 41-79. Passed 11-5-79.)
1305.23 LETTER W.
"Written notice" shall be considered to have been served if delivered in person to the individual or to the
parties intended, or if delivered at or sent by registered or certified mail to the last business address known to
the party giving notice.
(Ord. 41-79. Passed 11-5-79.)
1305.24 LETTER X.
1305.25 LETTER Y.
1305.26 LETTER Z.
1305.27 SUPPLEMENTAL DEFINITIONS.
For the purpose of this Building Code, certain terms, phrases and words and their derivatives shall be
construed as set out in this chapter. Words used in the present tense include the future. Words used in the
singular include the plural and the plural the singular. Words used in the masculine gender include the
feminine and the neuter. "Shall" is mandatory.
(Ord. 41-79. Passed 11-5-79.)
CHAPTER 1309
Interpretation and Application
1309.01
1309.02
1309.03
1309.04
1309.05
Purpose.
Scope.
Application to existing buildings.
Alternate materials and construction.
Responsibility of owner.
CROSS REFERENCES
Rules of construction - see ADM. 101.03
Conflicting provisions - see ADM. 101.06
Supplemental standards - see BLDG. 1301.02 et seq.
1309.01 PURPOSE.
The purpose of this Building Code is to provide minimum standards to safeguard life or limb, health,
property and public welfare by regulating and controlling the design, construction, quality of materials, use
and occupancy, location and maintenance of all buildings and structures within the City and certain
equipment specifically regulated herein.
(Ord. 41-79. Passed 11-5-79.)
1309.02 SCOPE.
(a) New buildings and structures hereafter erected in the City and buildings and structures moved into
or within the City shall conform to the requirements of this Building Code.
(b) Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall
comply with the provisions for new buildings and structures except as otherwise provided in Chapter 1301
and Section 1309.03.
(c) Where, in any specific case, different sections of this Building Code specify different materials,
methods of construction or other requirements, the most restrictive shall govern.
(Ord. 41-79. Passed 11-5-79.)
1309.03 APPLICATION TO EXISTING BUILDINGS.
(a) Generally, buildings or structures to which additions, alterations, or repairs are made shall comply
with all the requirements for new buildings or structures except as specifically provided in this section.
(b) When additions, alterations, or repairs exceed fifty percent (50%) of the value of an existing
building or structure exclusive of foundation at the time additions, alterations or repairs are made, such
building or structure, including new and existing portions, shall be made to conform to the requirements for
new buildings or structures.
(c) Additions, alterations and repairs, exceeding twenty-five percent (25%) but not exceeding fifty
percent (50%) of the value of an existing building or structure, exclusive of foundation, may be made to such
building or structure within any twelve month period without making the entire building or structure comply.
The new additions, alterations and repairs shall comply with all the requirements for a new building. Such
building or structure shall not exceed the areas and heights as specified in the current zoning ordinances of
the City.
(d) Minor structural alterations and repairs to any portion of an existing building or structure not
exceeding twenty-five percent (25%) of the value of the existing building or structure, may be made of the
same material of which the building or structure is constructed when approved by the Building Inspector.
(e) Not more than twenty-five percent (25%) of the roof covering of any building or structure shall be
replaced, in any twelve month period unless the new roof covering is made to conform to the requirements of
this Building Code for new buildings or structures.
(f) Buildings or structures moved into or within the City shall comply with the provisions of this
Building Code.
(g) All buildings or structures both existing and new, and all parts thereof, shall be maintained in a safe
and sanitary condition. All devices or safeguards which are required by this Building Code in a building or
structure when erected, altered, or repaired, shall be maintained in good working order. The owner or his
designated agent shall be responsible for the maintenance of buildings and structures.
(Ord. 41-79. Passed 11-5-79.)
1309.04 ALTERNATE MATERIALS AND CONSTRUCTION.
(a) The provisions of this Building Code are not intended to prevent the use of any material or method
of construction not specifically prescribed by this Building Code, provided any such alternate has been
approved.
(b) The Director of Building and Zoning may approve any such alternate provided he finds that the
proposed design is satisfactory and complies with the provisions of Chapter 1301 and that the material,
method, or work offered is for the purpose intended, at least the equivalent of that prescribed in this Building
Code, in quality, strength, effectiveness, fire resistance, durability and safety.
(c) The Director of Building and Zoning shall require that sufficient evidence or proof be submitted to
substantiate any claims that may be made regarding its use. Tests as proof of compliance may be required to
be made at the expense of the owner or his agent by an approved agency. Copies of the results of all such
tests affecting buildings or structures shall be kept on file in the office of the Director of Building and
Zoning. Any person adversely affected by the refusal of the Director of Building and Zoning to grant an
approval authorized by this section may appeal to the Board of Zoning Appeals.
1309.05 RESPONSIBILITY OF OWNER.
The owner of premises subject to the provisions of this Building Code shall be responsible for compliance
with the standards set forth herein. He shall remain responsible therefore, regardless of the fact certain
responsibilities may also be placed on operators or agents and regardless of any agreement between the
owner and anyone else as to whom shall assume such responsibilities. The owner shall remain responsible
for the elimination of any violation found on his premises, regardless of any agreement between owners and
others.
(Ord. 41-79. Passed 11-5-79.)
1313.01
1313.02
1313.03
1313.04
1313.05
1313.06
1313.07
1313.08
1313.09
CHAPTER 1313
Department of Building and Zoning
Organization and duties.
Enforcement by Director of Building and Zoning.
Right of entry.
Stop orders.
Powers and duties of Director of Building and Zoning.
Reserved.
Qualifications of Director.
Cooperation of other officials.
Special provisions.
CROSS REFERENCES
Power to regulate building erection - see Ohio R.C. 715.26, 715.29, 737.28
Violations and penalty - see BLDG. Ch. 1321
Permits and fees - see BLDG. Ch. 1325
1313.01 ORGANIZATION AND DUTIES.
(a) There is established in the City, the Department of Building and Zoning which shall be under the
jurisdiction of the Director of Public Safety.
(b) The Department of Building and Zoning shall consist of a Director of Building and Zoning and such
deputies and assistance as may be provided by Council. Each person engaged in the service of the
Department of Building and Zoning shall give his entire time to the performance of the duties thereof and
shall not, during the term of his office, enter into any contract for any work or services for any building or
structure located within the City and subject to regulation by this Building Code, or furnish any materials or
services covering the installation of materials for any buildings or structure located within the City and
subject to regulation by this Building Code.
1313.02 ENFORCEMENT BY DIRECTOR OF BUILDING AND ZONING.
The Director of Building and Zoning is authorized and directed to enforce the provisions of this Building
Code.
(Ord. 2-82. Passed 2-1-82: Ord. 92-33. Passed 12-7-92.)
1313.03 RIGHT OF ENTRY.
Upon presentation of proper credentials, the Director of Building and Zoning or his duly authorized
representative may enter at reasonable times any building, structure or premises in the City to perform any
duty imposed on him by this Building Code. No person shall in any way obstruct, hinder, delay or
otherwise interfere with the Director or his duly authorized representative in such an entrance.
1313.04 STOP ORDERS.
(a) Whenever any building work is being done contrary to the provisions of this Building Code, the
Director of Building and Zoning may order the work stopped by posting at the work site a printed notice to
"Stop Work" signed by the Director of Building and Zoning or by a notice in writing served on any persons
engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such
work until authorized by the Director to proceed with the work.
(b) Any persons affected by an order of the Director of Building and Zoning stopping work may appeal
to the Board of Zoning Appeals.
1313.05 POWERS AND DUTIES OF DIRECTOR OF BUILDING AND ZONING.
(a) The Director of Building and Zoning shall be the head of the Department of Building and Zoning
and shall have the management of all matters and affairs pertaining thereto.
(b) He shall prescribe rules and regulations for the persons engaged in the service of the Building and
Zoning Department. Such persons shall be under his direction and supervision.
(Ord. 2-82. Passed 2-1-82.)
(c) He shall be charged with the survey and inspection of buildings and structures and with the
enforcement of all parts of this Building Code.
(d)
He shall enforce all other laws and ordinances on the same subject matter.
(e) He shall examine and approve all plans and specifications before a permit may be issued and shall
sign and issue all permits, certificates and notices required by this Building Code. It is noted that the Board
of Zoning Appeals may by their operating policy be required to approve commercial or industrial
applications for permits.
(f) He shall keep proper records showing the location, value and character of every building structure or
other work for which a certificate or permit is issued and a copy of every report or inspection of a building,
structure or work with the name of the inspector making the inspection and the date thereof.
(g) He shall make such reports as required by the Director of Public Safety and the appurtenant
regulatory bodies of the State of Ohio.
1313.06 RESERVED.
This section has been reserved for future legislation
1313.07 QUALIFICATIONS OF DIRECTOR.
To be eligible for appointment, the Director of Building and Zoning shall have had at least four years
experience as an architect, structural engineer, superintendent of construction, or deputy building inspector.
He shall be generally informed on the quality and stength of building materials, on the prevailing methods of
building construction, on good practice in fire prevention, on the accepted requirements for safe exit
facilities, and on the proper installation of plumbing, electric wiring, elevators and other installations for the
safety, comfort and convenience of occupants. He shall be in good health and physically capable of making
the necessary examinations and inspections of buildings in the course of construction. He shall not have any
interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device
entering into or used in or in connection with building construction.
1313.08 COOPERATION OF OTHER OFFICIALS.
The Director of Building and Zoning may request and shall receive so far as may be necessary, in the
discharge of his duties, the assistance and cooperation of the City Engineer, of the Chief of Police in
enforcing orders, of the City Attorney in prosecuting violations, and of other City Officials.
1313.09 SPECIAL PROVISIONS.
The Director of Building and Zoning shall ensure that any person or persons performing work governed
by this Building Code shall be made aware of the existance of fire safety ordinances, rules or regulations that
may be more restrictive than this Building Code. In any case the most restrictive ordinances, rules or
regulations shall apply.
CHAPTER 1317
Unsafe Building and Conditions
1317.01
1317.02
1317.03
1317.04
1317.05
1317.06
1317.07
1317.08
Nuisance defined.
Notice to owner; appeal.
Service of notice.
Posting of signs.
Permits.
Right to demolish.
Unsafe conditions; reports.
Emergency orders.
CROSS REFERENCES
Power to regulate sanitary condition of buildings - see Ohio R.C. 715.26(A), 715.29
Removal of unsafe structures - see Ohio R.C. 715.26(B), 715.261
Violations and penalties - see BLDG. Ch. 1321
1317.01 NUISANCE DEFINED.
All buildings or structures which are structurally unsafe or not provided with adequate egress, or which
constitute a fire hazard, or otherwise dangerous to human life and all uncompleted buildings are for the
purpose of this Building Code, "unsafe buildings". All such unsafe buildings are declared to be a public
nuisance and shall be abated by repair and rehabilitation or by demolition in accordance with the procedure
in this chapter.
(Ord. 41-79. Passed 11-5-79.)
1317.02 NOTICE TO OWNER; APPEAL.
(a) The Director of Building and Zoning shall examine or cause to be examined every building or
portion thereof reported as or believed to be an unsafe building as defined in Section 1317.01. He shall give
written notice to the owner or owners of record, including any purchases under a recorded land contract, and
to the persons occupying such building if they are not the owners thereof. The written notice shall
specifically state the defects that cause the building to be unsafe and shall state that the work shall commence
within thirty days and continue work, either to complete the specified repairs or improvements, or to
demolish and remove the building or structure, or portion thereof, leaving the premises in a clean, safe, and
sanitary condition, such condition being subject to the approval of the Director of Building and Zoning;
excepting that in cases of emergency making immediate repairs necessary, the Director may order the
changes or demolition to be made within a shorter period. The notice shall also require the building or
portion thereof to be vacated forthwith by the occupants thereof.
(b) A person receiving the order or notice provided for herein, may appeal therefrom to the Board of
Zoning Appeals within thirty days of the date of such order or notice except that in case of a building, which
in the opinion of the Director of Building and Zoning is unsafe and constitutes an emergency condition, the
Director may in his order or notice limit the time for such appeal to a shorter period, which period shall be
not less than fifteen days from the date of the notice or order provided for herein.
1317.03 SERVICE OF NOTICE.
Proper service of such notice shall be by personal service, residence service, or by registered mail;
provided, however, that such notice shall be deemed to be properly served, if a copy thereof is sent by
registered mail to the last known address. If any of the parties cannot be located, nor can his address be
ascertained, this notice shall be deemed to be properly served if a copy thereof is placed in a conspicuous
place in or about the building or structure affected by this notice. If such notice is by registered mail, the
thirty day period, not less than fifteen days in the case of an emergency order or notice, within which such
owner is required to comply with the order of the Director of Building and Zoning or file an appeal
therefrom shall begin as of the date he received such notice.
1317.04 POSTING OF SIGNS.
The Director of Building and Zoning shall cause to be posted at each entrance to such building a notice to
read: "DO NOT ENTER. UNSAFE TO OCCUPY. DEPARTMENT OF BUILDING AND ZONING.
CITY OF GRANDVIEW HEIGHTS, OHIO". Such notice shall remain posted until the required repairs are
made or demolition is completed. It shall be unlawful for any person to remove such notice without
permission of the Director of Building and Zoning or for any person to enter the building, except for the
purpose of making the required repairs or of demolishing same.
(Ord. 41-79. Passed 11-5-79: Ord. 92-33. Passed 12-7-92.)
1317.05 PERMITS.
In all cases of construction or repair pursuant to orders of the Director of Building and Zoning, permits
covering such work shall be obtained as required by other sections of this Building Code.
1317.06 RIGHT TO DEMOLISH.
In case the owner of record, or the purchaser under a land contract if that be the case, shall fail, neglect
or refuse to comply with the notice to repair, rehabilitate or demolish and remove such building or structure
or portion thereof, and where such person, either the owner of record or the purchaser under a land contract
fails to file an appeal as provided herein, or having filed an appeal, the order is affirmed by the Board of
Zoning Appeals the owner of record, or the purchaser under a land contract shall be subject to the penal
provisions of the Building Code and the Director of Building and Zoning shall proceed to have the building
or structure or portion thereof demolished and removed from the premises, leaving the premises in a clean,
safe and sanitary condition and the cost of such work shall be paid by the City. If the City is not
immediately reimbursed for such costs, the amount thereof shall be certified to the County Treasurer and
levied as a special asssessment against such property on which the building or structure is located and shall
be collected in the manner provided for special assessments.
1317.07 UNSAFE CONDITIONS; REPORTS.
Any owner, manager, lessee, or occupant of a building who discovers or who has reason to believe that
there exists, on the premises, a condition which may endanger other property or the life or limb of any
person, and such condition cannot be immediately remedied so as to remove any danger therefrom, shall,
within twenty-four hours after such discovery, report the existence of such dangerous condition to the
Director of Building and Zoning who shall forthwith take such steps as may be necessary to protect the
public safety and welfare. If the Director of Building and Zoning cannot be located, such report shall be
made to the Director of Public Safety. No person who is an owner, manager, lessee, or occupant of a
building on which premises such a dangerous condition exists and who knows or should know of such
dangerous condition shall fail to make such report to either the Director of Building and Zoning or to the
Director of Public Safety within twenty-four hours after such knowledge is obtained or should have been
obtained.
1317.08 EMERGENCY ORDERS.
(a) Whenever the Director of Building and Zoning finds that an emergency exists within a building or
structure which requires immediate action to protect the life or safety of any person or persons occupying
such building or structure, he may issue an order reciting the existence of such an emergency and requiring
that such action be taken as he deems necessary to meet the emergency. Notwithstanding any other
provision of this Building Code, such order shall be effective immediately and complied with immediately.
(b) If necessary to protect the life and safety of the occupants or the general public, the Director of
Building and Zoning shall order that the building or structure be immediately vacated and not be reoccupied
until compliance with the order is effected.
(c) In disaster such as result from a tornado, hurricane, earthquake, fire conflagration, or a similar
disaster, involving many buildings, where by reason of damage any building or structure has been rendered
dangerous to persons or property, the Director of Building and Zoning shall immediately issue an emergency
condemnation order reciting the existence of such an emergency and requiring that such action be taken as he
deems necessary to meet the emergency.
CHAPTER 1321
Violation; Penalty
1321.01 Compliance required.
1321.99 Penalty.
CROSS REFERENCES
Enforcement - see BLDG. Ch. 1313
1321.01 COMPLIANCE REQUIRED.
No person shall erect, construct, enlarge, alter, repair, move, demolish, convert, equip, use or occupy or
maintain any building or structure or any portion of any building or structure in the City, contrary to or in
violation of any provision of this Building Code or to cause, permit or suffer the same to be done.
(Ord. 41-79. Passed 11-5-79.)
1321.99 PENALTY.
Whoever violates any provision of this Building Code or valid order issued pursuant thereto, unless
otherwise provided, shall be deemed guilty of a minor misdemeanor. Such person shall be deemed guilty of
a separate offense for each and every day or portion thereof during which any violation of any of the
provisions of this Building Code is committed, continues or permitted. Upon the conviction of any such
violation such person shall be punishable by a fine of not more than one hundred dollars ($100.00). Upon
conviction of a subsequent violation of the same provision within one year when the same is so specified in
the complaint, shall be guilty of a misdemeanor of the third degree and fined not more than five hundred
dollars ($500.00) or imprisoned in the county jail or workhouse for a period not to exceed sixty days or both.
(Ord. 41-79. Passed 11-5-79.)
CHAPTER 1325
Permits and Fees
1325.01
1325.02
1325.03
1325.04
1325.05
1325.06
1325.07
1325.08
1325.09
Permits required.
Registration.
Certificate of exemption.
Permit fees.
Inspection required.
Inspection record card.
Approvals required.
Inspection before covering.
Types of inspections.
CROSS REFERENCES
Fee schedule - see Appendix A
(a) General construction. (This paragraph does not include the mechanical and electrical trades.) No
person shall commence to erect, construct, enlarge, alter, repair, move, improve, remove, convert or
demolish any building or structure in the City, or cause the same to be done, without first obtaining a
separate permit for each such building or structure from the Director of Building and Zoning. No building
permit is required for maintenance work, however, such work shall in no way, be the type of work that could
be considered an alteration to the building or structure. Interior or exterior painting does not require a
permit. No person shall commence to construct, enlarge, alter, improve or convert a parking lot in the City,
or cause the same to be done, without first obtaining a separate permit for each such parking lot from the
Director of Building and Zoning. A separate permit need not be obtained for the construction of a parking
lot if such parking lot is shown on the plans and included in the permit for the building or structure. A
permit is not required for the routine maintenance, such as sealing, striping, patching holes etc. of a parking
lot.
(b) No person shall undertake or perform work of any of the licensed contractors as defined under this
Building Code or to represent or advertise himself, either publicly or privately, as being ready, willing or
able to contract to perform such work or to undertake such work within the corporate limits without having
first procured a license duly issued by the City.
Permits may be issued only to the following:
(1) Any person, firm, or corporation holding a valid license as described in Section 1325.02. In the
event that the holder of such license is a firm, partnership or corporation, any proprietor or officer of such
firm, partnership, or corporation may sign the application for a permit on behalf of the license holder. In
such event the name of the person who has qualified for the license shall be named in the permit application.
(2) A home owner, provided that all work thereunder shall be done with the home owner' s own
hands and is done in a single-family residence which is occupied or is to be occupied by no one except his
own family. The name of the person who is to perform the work shall be named in the permit application.
(c) Piping, other than soil or liquid waste piping, heating and ventilation equipment, refrigeration
systems, electrical wiring in connection with manufacturing equipment, scientific research equipment and
testing equipment are exempt from the license and permit requirements of this chapter. This exemption only
includes the piping, heating, refrigeration and electrical work which is an integral part of the equipment.
(d) In cases where an emergency exists, work may be commenced prior to the obtaining of a permit,
however, such person shall obtain the necessary permit as soon as the office of the Director of Building and
Zoning shall be open for business.
(e) Correct information shall be furnished by the applicant for a permit on blanks furnished by the
Director of Building and Zoning, giving the location of the premises by house number where work is to be
done, name of owner, and any other information pertaining to the work that may be required.
(Ord. 41-79. Passed 11-5-79.)
(f) (1) No person shall construct, install, alter, or repair any plumbing, drain, vent, sump, water
heater, valve, water line or waste line or construct or install any bathtub, whirlpool bath, or prefabricated
shower or bath unit within the City without first obtaining a permit from the Director of Building and Zoning
to do such work. The owner or person having charge of any property within the City shall not cause or
allow any such work to be done on such premises without a permit having been obtained. The permit or
copy thereof shall be at the site at all times during the course of construction.
(2) Permits may be obtained only by a master plumber or by an occupying home owner performing
work of plumbing in a single-family dwelling unit.
(3) No master plumber or occupying owner shall allow the use of his name by any person, directly
or indirectly, for the purpose of obtaining a permit to do any plumbing or drainage work.
(4) This subsection shall not apply nor shall any permit be required for replacing a toilet, commode,
bidet, garbage disposal, sink or lavatory, repairing broken fixtures or leaks in faucets, releasing frozen pipes,
or rodding and flushing of any house sewer or drain.
(Ord. 96-13. Passed 5-6-96.)
(g) (1) Prior to the commencement of any heating or ventilation installation, an application for
heating or ventilation permit shall be made at the Department of Building and Zoning, and a heating or
ventilation permit shall be secured from the Director. Any ventilating system exceeding 500 C.F.M. and
not a part of the heating system or where the heating system is not regulated under this subsection, shall
require a separate permit which must be obtained by a licensed heating or ventilation contractor. When
permits are issued work shall proceed. The permit or copy thereof shall be at the site at all times during the
course of construction.
(2) This permit shall be required to install or replace any heating unit or fuel-fires section or safety
control, or ventilating unit, or to add any air outlets or heating units, including central heating, plant,
conversion burner, direct-fired unit heater, space heater, portable heating appliance and floor furnace.
Permits will not be required for ventilating systems without ductwork.
(h)
A permit shall be required for every installation or alteration of a refrigeration system except:
(1) Unit systems for space cooling up to and including one ton (12,000 BTU) capacity used in one,
two, and three-family occupancies.
(2) Unit systems up to and including one nominal ton (12,000 BTU) capacity used in all other
occupancies.
(3) Refrigeration systems as a part of manufacturing equipment, scientific research equipment and
the testing equipment are exempt from the license and permit requirements of this chapter.
(4) Prior to the commencement of any installation or alteration of a refrigeration system for which a
permit is required, an application for a permit shall be made by a licensed refrigeration contractor or by an
owner performing work on his own single-family residence to the Department of Building and Zoning. In
case of an application for a permit for the installation or alteration of a refrigeration system of more than
sixty thousand (60,000) BTU, such application shall be accompanied by such plans, sketches, and
specifications as are required to verify compliance with the Building Code. A single-family home owner
shall not install Group 1 refrigeration system in excess of sixty thousand (60,000) BTU.
(5) Where a refrigeration system is connected into an existing duct system, the refrigeration
contractor may make whatever minor changes are necessary to the duct system to make the system function
properly for a cooling system. Changes must meet the requirements of the City Building Code.
(6) Whenever the Director shall find, upon examination of a system, improper installation,
operation, or repair, he may turn off the power supply so as to render the equipment inoperative, and attach
thereto a tag and seal indicating that such equipment is out of service. The equipment shall not be placed
back into service until such time as all corrections have been made to the satisfaction of the Inspector and
according to the requirements of the Building Code. Should a refrigeration system be in operation on a
perishable products container on such premises, any shutdown order may be delayed for an allowable period
of time, as determined by the Director of Building and Zoning.
(i) No person shall commence or proceed with the installation, alteration, or repair of any electrical
equipment in or about any building, dwelling or structure in the City without first obtaining a permit from
the Director of Building and Zoning. Such permit may be obtained either by an occupying homeowner to
perform work in his or her single-family dwelling or by a licensed electrician. Before an occupying
homeowner is issued a permit, he or she must demonstrate and represent by affidavit that he or she possesses
the experience and training to perform such work and assumes all responsibility and liability for the
performance of such work. No permit shall be required for such work as repairing flush or surface snap
switches, replacing fuses, changing lamp sockets, replacing receptacles, replacing existing fixtures, taping
bare wires or joints, or repairing electrical portions of any appliance or electrical equipment.
(Ord. 96-14. Passed 5-6-96.)
(j) No person shall wreck any building or structure without applying for and obtaining a permit from the
Director of Building and Zoning for such purpose. Only a person holding a license for wrecking or
demolition may apply for such permit.
(k) No person shall commence or proceed with the installation, replacement or alteration of any sign in
the City without first obtaining from the Director of Building and Zoning a permit to do so. Only a licensed
sign erector may obtain a sign permit.
(Ord. 49-79. Passed 12-3-79.)
(l) Except as noted, plans and specifications shall be prepared, or their preparation shall be supervised,
by a licensed architect or engineer, whose license number, and the licensing authority, shall be indicated.
Plans shall be drawn to scale upon a substantial paper or cloth and shall be sufficient clarity to indicate the
nature and extent of the work proposed and show in detail that it will conform to the provisions of this
Building Code and all relevent laws, ordinances, rules and regulations.
(Ord. 41-79. Passed 11-5-79.)
(m) No person shall commence or proceed with the alteration, addition or remodeling of any structure
in the City without first obtaining a permit to do so. The Director of Building and Zoning shall determine in
all cases if a permit is required.
(Ord. 93-31. Passed 12-6-93.)
1325.02 REGISTRATION.
(a) (1) All construction contractors must register, and supply proof of having a valid and then in force
license issued by the State of Ohio, City of Columbus or any other municipality within Franklin County,
Ohio.
(2) Applicant must have and supply proof of having, a then in force Permit and License Bond in the
amount of not less than five thousand dollars ($5,000).
(3) Applicant shall pay a fee of sixty dollars ($60.00) to the City for each license registered. Such
payment shall be made at the time of application.
(4) Applicant shall provide the City with proof of insurance by delivering a valid certificate of
insurance with the City named as the certificate holder.
(5) Applicant shall provide the City with proof of workers compensation insurance by delivering a
valid certificate of coverage as issued by the Ohio Bureau of Workers Compensation.
(Ord. 05-51. Passed 12-5-05.)
1325.03 CERTIFICATE OF EXEMPTION.
(a) Appeal from the decision of the Director of Building and Zoning. Any "Facility" under the
provisions of this section which is aggrieved by a decision of the Director of Building and Zoning in the
execution of their duties, or by the requirement of any provision of this chapter may appeal from such
decision to the Board of Zoning Appeals giving written notice of such appeal to the chairman of the Board of
Zoning Appeals not less than one week prior to the next scheduled meeting of the Board of Zoning Appeals.
(b) Appeals of the Building Code. Where appeals are made under subsections (h) and (i) hereof, the
Board of Zoning Appeals shall hear such appeal at its next regularly scheduled meeting unless other
arrangements are required due to circumstances of an emergency nature. After such appeal the Board of
Zoning Appeals shall render its decision in writing. Such decision shall specifically set forth the reason and
facts upon which it is based. The Board of Zoning Appeals shall issue its order reversing, modifying or
affirming the order and action of the Director of Building and Zoning.
1325.04 PERMIT FEES.
Permit fees as required by this chapter shall be paid in full at the time of application for such permits.
The Fee Schedule shall be as set forth in Appendix "A".
(Ord. 41-79. Passed 11-5-79.)
1325.05 INSPECTION REQUIRED.
(a) All work for which a permit is required shall be subject to inspection by the Director of Building
and Zoning. Certain types of construction shall have continuous inspection by special inspectors as directed
by the Director of Building and Zoning.
(b) The Director shall be notified by the contractor or owner when the work is ready for inspection.
Failure to inspect the work within forty-eight hours, exclusive of Saturday, Sundays, and legal holidays, after
notification, permits the work to proceed.
(c) No part of the work shall be made inaccessible for inspection until it has been inspected, tested and
approved.
(d) A notice shall be attached to such work for which it is applicable, stating that the work has been
inspected and approved.
1325.06 INSPECTION RECORD CARD.
Work requiring a permit shall not be commenced until the permit holder or his agent shall have posted an
inspection record card in a conspicuous place on the premises and in such position as to allow the Director
conveniently to make the required entries thereon regarding inspection of the work. Such card shall be
maintained in such position by the permit holder until all final inspections have been made.
1325.07 APPROVALS REQUIRED.
(a) No work shall be done on any part of the building or structure beyond the point indicated in each
successive inspection without first obtaining the written approval of the Director of Building and Zoning.
Such written approval shall be given only after an inspection shall have been made of each successive step in
the construction as indicated by each of the inspections required in Section 1325.09.
(b) There shall be a final inspection and approval on all buildings and mechanical equipment governed
by this Code, when completed and ready for occupancy and use.
1325.08 INSPECTION BEFORE COVERING.
No reinforcing steel or structural framework or any part of any building, structure, or installation shall be
covered or concealed in any manner whatever without first obtaining the approval of the Director of Building
and Zoning.
1325.09 TYPES OF INSPECTIONS.
The Director of Building and Zoning upon notification from the permit holder or his agent shall make the
following inspections of buildings and shall either approve the portion of the construction as completed or
shall notify the permit holder or his agent wherein the same fails to comply with the law.
(a) Foundation and Footing Inspection. To be made after trenches are excavated and forms erected and
when all materials for the foundation and footing are delivered on the job. Where concrete from a central
mixing plant (commonly termed "transit mixed") is to be used, materials need not be on the job.
(b) Frame Inspection. To be made after the roof, all framing, fire-blocking and bracing is in place.
All rough electrical, plumbing, heating, ventilating and refrigeration inspections must be approved prior to
any framing inspection being made.
(c) Insulation Inspection. To be made following the frame inspection and prior to the application of
any finishing materials.
(d) Final Inspection. To be made after the building is completed and ready for occupancy or in any
other case after all work is completed.
APPENDIX A
Fee Schedule
PLANS EXAMINATION FEES
(a) For residential buildings: A fee of seventy-five dollars ($75.00) shall be assessed at the time the
Building Permit is issued by the Director of Building and Zoning.
(b) Professional Plans Examiner: Should it be the opinion of the Director of Building and Zoning that
the services of a professional plans examiner are required, a fee of one hundred dollars ($100.00) per hour
shall be assessed at the time the Building Permit is issued. This fee is in addition to any charges by the
Director of Building and Zoning under subsection (a) above.
(c) Professional Engineer: Civil Engineering site plan review fees shall be passed directly to applicant.
BUILDING PERMIT FEES
Permit fees for new buildings and for additions to existing buildings shall be as follows:
(a) Garages and Accessory Structures for One-, Two- or Three-Family Dwellings. The fee shall be
one hundred dollars ($100) plus six dollars ($6.00) for each 100 square feet or fraction thereof.
(b) For One-, Two-, Three-Family Dwellings, New Homes, Additions and Alterations. The fee shall
be one hundred fifty dollars ($150.00) plus twelve dollars ($12.00) for each 100 square feet or fraction
thereof.
(c) All Other Buildings, Additions and Alterations Thereto. The fee shall be three hundred dollars
($300.00) plus twenty dollars ($20.00) for each 100 square feet or fraction thereof.
(d) Sheds; Storage Buildings. Lawn sheds or similar storage buildings less than 200 square feet shall
not require a permit.
(e) Parking Lot. Where a parking lot or similar type facility is not constructed at the same time as the
building under the building permit fee, a separate permit is required. The fee shall be one hundred ten
dollars ($110.00).
(f) Basis of Computation of Area.
(1) Areas shall be based on floor surface including garage, carport, basement, and cellar and
sub-cellar floors, measuring the outside dimensions at each floor level.
(2) Crawl spaces and attic areas shall not be included when computing fees.
(3) In buildings or areas where there are no walls, the area shall be measured to the outside of the
columns.
(4) In a situation where there is a single row of columns, the area shall be the horizontal projected
area of the roof.
(g)
Scope of Permit. Only the work shown on the approved plans shall be included in the permit.
PLUMBING PERMIT FEES
All fees shall be adopted from the most current Franklin County Board of Health fee schedule.
HEATING AND VENTILATION FEES
The permit fee for each heat producing system (except heat pump system as defined under
A.N.S.I. B9.1) shall be as follows:
(a) (1) Up to 100,000 BTU/hr. input and up to
29,300 watts
$ 75.00
(2) Each additional 20,000 BTU/hr. and 6000 watts
5.00
(3) The fee for replacement of a heat producing system shall be
per the above schedule. The replacement fee does not
include the electrical inspection of the final connection if
any electrical wiring or equipment is replaced, altered or repaired.
(b) Each ventilating system, not a part of the heating system or where the heating
system is not regulated under this section, the fee shall be as follows:
(1) Less than 500 CFM
$ 25.00
(2) Each additional 1000 CFM for fraction thereof
5.00
(3) The maximum ventilation fee per system
500.00
(c)
Alterations or additions to an existing heating system shall be eighty dollars
($80.00).
REFRIGERATION; HEAT PUMPS PERMIT FEES
(a) Fees for each refrigerating system shall be as follows:(For the purpose of figuring
permit fees twelve thousand [12,000] BTU is equal to one ton or one
horsepower. All rating nominal.)
(1) All residential refrigeration systems for space cooling
up to and including 5 tons (60,000 BTU)
$ 75.00
Each additional 5 tons or fraction thereof
5.00
(b) (1) The fee for heat pumps shall be as follows: (Based on cooling BTU/hr.)
Up to and including 5 tons
$ 75.00
5.00
(2)
The fees for cooling towers shall be as follows:
Less than 25 tons
$ 75.00
5.00
(3)
The fees for evaporative coolers shall be as follows:
Less than 20 tons
$ 75.00
5.00
(4) The fee for replacement of refrigeration and/or heat pump system shall be per the
above schedule. This replacement fee does not include the electrical
inspection of the final connection if any electrical wiring or equipment
is replaced, altered or repaired.
A permit for repair shall be obtained for work performed when refrigeration system is
opened and major component is replaced. A major component is defined as a compressor,
condenser, receiver, accumulator or evaporator.
ELECTRICAL PERMIT FEES
Electrical permit fees shall be assessed as follows:
Fixtures, outlets, switches, or receptacles
$ 1.77 each
Electrical Service - Permanent
.30 per ampere
Electrical Service - Temporary
1.00 per ampere
Special fixtures, appliances, furnace, air conditioners, water
heater, heaters, misc.
5.30 each
Transformers (5KVA and over)
13.00 each
Each busway ($40.00 maximum)
.53 per foot
Minimum fee per permit
100.00
DEMOLITION; MOVING PERMIT FEES
(a) Demolition Permit Fee
(1) No permit is required for demolishing a residential accessory building, provided that a structure
other than a lawn shed or similar structure is to be erected within the next sixty calendar days.
(2) The fee for buildings or structures containing 500 square feet or less is forty dollars ($40.00).
(3) The fee for buildings or structures containing more than 500 square feet and not more
than 2,000 square feet is one hundred dollars ($100.00).
(4) The fee for buildings or structures containing more than 2,000 square feet and not more than
10,000 square feet is one hundred forty ($140.00).
(5) The fee for buildings or structures containing more than 10,000 square feet is four hundred
dollars ($400.00).
(b) Moving Permit Fees
(1) The fee for moving buildings or structures from one lot to another shall be is four hundred
dollars ($400.00). This fee does not include costs or fees that may be imposed by any other department of
the City in connection with the movement of any structure.
(2) Buildings or structures eight feet or less in width and not exceeding 1,000 cubic feet do not
require a permit.
SIGN PERMIT FEES
The permit fee for signs shall be as follows:
(a) Sign Fee Schedule.
(1) The permit fee for roof signs, projecting signs, electrically illuminated monument and pylon
signs, ground signs and electrically illuminated single-face signs, window signs, and outline lighting shall be
charged as follows:
Sq. Ft.
Fees
Up to 200
$110.00
Each additional 100 sq. ft. or fraction thereof
40.00
(2) Self contained window signs shall be considered as an appliance and are not subject to permit.
(3) The permit fee for all on-premise, non-illuminated signs including but not limited to, wall signs,
single-face, pole, ground or pylon signs of five feet in height or of nine square feet in area of one side shall
be charged as follows:
Sq. Ft.
Fees
Up to 200
$ 80.00
Each additional 100 sq. ft. or fraction thereof
40.00
(b) Measuring Area. The area shall be measured by using the maximum height and width of sign
display area. Neon, indirect, direct and interior illuminated signs are classed as illuminated signs in this fee
schedule.
FENCE PERMIT FEES
The permit fee for fences shall be sixty dollars ($60) for each lot or parcel of land included in the
application.
FIRE DETECTION / BURGLAR ALARM / FIRE SUPPRESSION PERMIT FEES
Fire Detection - residential
$ 80.00
Burglar alarms - residential
80.00
Fire suppression system - residential
80.00
For each head add an additional
2.00
Fire Detection - commercial
115.00
Burglar alarms - commercial
115.00
Fire suppression system - commercial
115.00
For each head add an additional
2.25
SEWER PERMIT FEES
Sewer Tapping
$ 85.00
(Capacity Charge determined by City of Columbus,
paid to Grandview Heights, passed to Columbus)
Sewer Repair - residential, one inspection
60.00
Each additional inspection
60.00
Sewer Repair - commercial, one inspection
75.00
Each additional inspection
75.00
STREET / ALLEY / CURB CUT PERMIT FEES
Each opening or cut
$ 25.00
Bond (check returned upon inspection approval)
500.00
(plus $4.00 per lineal foot)
GAS PIPING PERMIT FEES
First fixture - residential
Each additional fixture
First fixture - commercial
$ 60.00
15.00
75.00
Each additional fixture
20.00
SIDEWALK PERMIT
There is no fee for permits to repair or replace sidewalks. However, permits must be obtained and
inspections completed.
REINSPECTION FEES
(a) In the event that the work covered by any permit or inspection required in the Building Code is not
installed and/or completed in accordance with the code, thereby requiring a re-inspection by the Director of
Building and Zoning, the Director may levy a re-inspection fee.
(b) This re-inspection fee shall be equal to the permit fee or inspection fee, but shall not exceed one
hundred dollars ($100.00) for each re-inspection required to achieve code compliance.
ADDITIONAL FEES
Any work started before the issuance of a required permit shall be subject to a double fee.
Inspections above and beyond what is reasonable and customary may be subject to a fee not to exceed
seventy-five dollars ($75.00) per inspection.
TITLE THREE - Local Standards
Chap. 1331.
Residential Housing Code.
Chap. 1335.
Nonresidential Standards.
Chap. 1339.
Flood Damage Prevention.
Chap. 1343.
Numbering Structures.
Chap. 1347.
Hotels and Motels.
CHAPTER 1331
Residential Housing Code
1331.01
1331.02
1331.03
1331.04
1331.05
1331.06
1331.07
1331.08
1331.09
1331.10
1331.11
1331.12
Definitions.
Policy and application; rules and regulations.
Inspections.
Enforcement; notice; penalties.
Buildings unfit for habitation.
Unsafe buildings.
Basic equipment and facilities.
Light, ventilation and heating.
Safety and sanitary requirements.
Lead based coatings and lead bearing substances.
Minimum space and use requirements.
Responsibility of owners and occupants.
CROSS REFERENCES
Power to regulate sanitary condition of buildings - see Ohio R.C. 715.26(A), 715.29
Nonresidential building standards - see BLDG. Ch. 1335
(a) Application of Terms
(1) The definitions in this chapter shall apply in the interpretation and enforcement of this Housing
Code.
(2) Whenever the words "dwelling", "dwelling unit", "building", "rooming house", "rooming unit",
or "premises" are used in this Housing Code, they shall be construed as though they were followed by the
words "or any part thereof".
(b)
Definitions.
(1) "Accessory structure" means a building or structure the use of which is incidental to that of the
main building or structure and which is located on the same lot.
(2) "Approved" means approval by the Director of Building and Zoning under the regulations of this
Code as applied to a material, device or method of construction or approval by other authorities designated
by law, ordinance or this Code to give approval to the matter in question.
(3) "Basement" means a story having part but not more than one-half of its height below grade. A
basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling
purposes other than by a janitor employed on the premises.
(4) "Bathroom" means a room which affords privacy to a person and is equipped with a flush-water
closet, a lavatory basin, and a bathtub or shower.
(5) "Board" means the Board of Zoning Appeals of the City, as created and existing under the
provisions of the Zoning Ordinance.
(6) "Building" means any structure designed or built for the support, use, enclosure, shelter, or
protection of persons, animals, chattels, or property of any kind.
(7) "Cellar" means that space in a building located partly or entirely below grade which has one-half
or more of its clear floor-to-ceiling height below the average grade of the adjoining ground.
(8) "Certificate of Occupancy" means the Certificate of Occupancy required by the City Zoning
Ordinance.
(9) "City" means the City of Grandview Heights, Ohio.
(10) "Communal kitchen" means a kitchen within a dwelling building used by the occupants of more
than one dwelling unit or shared or used by any person other than members of one family.
(11) "Dilapidated" means a general condition of decay or extensive disrepair.
(12) "Director of Building and Zoning" means the Director of Building and Zoning of Grandview
Heights and used herein, shall be construed as though followed by the words, "or his authorized agent or
representative".
(13) "Dormitory sleeping room" means a room providing sleeping quarters for a number of persons.
(14) "Dwelling" means any building or structure, (except a house trailer as defined by Ohio R. C.
4501.01), which is occupied or intended for occupancy in whole or in part as a home, residence or sleeping
place for one or more persons.
(15) "Dwelling unit" means one or more habitable rooms forming a single habitable unit within a
dwelling with facilities which are used or intended to be used by one or more persons for living, sleeping,
cooking and eating.
(16) "Dwelling, double" means a building intended or designed to be occupied by not more than two
families living separately and independently of each other.
(17) "Dwelling, multiple" means a building containing the following:
A. Three or more dwelling units, or
B. Two or more dwellings units above the first or ground floor, or
C. One or more dwelling units if the building also contains a use other than a dwelling use or an
area designed for such other use.
1. The words "multiple dwelling", "tenement house" and "apartment house" are synonymous.
2. "One-floor dwelling" means one in which less than two-thirds of the total habitable floor
area on the second floor has a ceiling height of at least seven feet six inches.
3. "Dwelling structure" means a building or structure used or designed or intended to be used,
all or in part, for residential purposes.
4. "Two-floor dwelling" means one in which two-thirds or more of the total habitable floor
area on the second floor has a ceiling height of at least seven feet six inches.
5. "Dwelling unit" means a group of rooms arranged, maintained or designed to be occupied
by a single family for living, sleeping, cooking and eating. The words "dwelling unit", "apartment", and
"suite" shall be considered synonymous.
(18) "Egress" means a means to travel from the interior of a building to the exterior at ground level.
(19) "Exterior stairway" means one or more flights of stairs on the outside of a building and the
necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one
floor to another. Standard fire escapes are not included as exterior stairways.
(20) "Extermination" means the control and elimination of insects, rodents, or other pests by
eliminating their harboring places; by removing or making inaccessible materials that may serve as their
food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination
methods approved by the Health Commissioner.
(21) "Family" means one or more persons related by blood, marriage, or adoption occupying a
premise as an individual housekeeping organization. A family may not include more than two person not
related by blood, marriage or adoption.
(22) "Fee schedule" means the Appendix to Chapter 1325 as amended from time to time thereafter
and as the same exists at the time the subject application is received.
(23) "Garbage" means animal or vegetable waste resulting from the handling, preparation or serving
of food.
(24) "Habitable room" means a room or enclosed floor space used or intended to be used for living,
sleeping or eating purposes, but excluding the following: kitchens, except kitchens where eating space is
included in a room also used for kitchen or cooking purposes, bathrooms, toilet rooms, laundries, pantries,
dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boilers and basement
recreation rooms.
(25) "Health Commissioner" means the designated health authority of the City or his authorized
representative.
(26) "Hotel" means a building originally designed for hotel purposes and meeting all requirements of
State and City laws, rules and regulations in which all or a part thereof is occupied, used, maintained,
advertised or held out to the public to be a place where sleeping accommodations are offered for pay to
transient guests and in which five or more rooms are used for the accommodation of such guests. For the
purpose of this chapter, the word "hotel" includes motels and motor courts meeting these requirements.
(27) "Housing Inspector" means the Director of Building and Zoning of the City or his authorized
representative.
(28) "Infestation" means the presence within or around a dwelling or premises of insects, rodents,
vermin or other pests.
(29) "Occupant" means any person living, sleeping, or cooking in, or having actual possession of a
dwelling unit, rooming unit or other building.
(30) "Operator" means any person who has charge, care, or control of a building, or part thereof, in
which dwelling units or rooming units are let.
(31) "Organization" means a corporation for profit or not for profit, partnership, limited partnership,
joint venture, unincorporated association, estate, trust, or other commercial or legal entity. Organization
does not include an entity organized as, or by, a governmental agency for execution of a governmental
program.
(32) "Owner" means any person who has a freehold or lesser estate in the premises; a mortgagee or
vendee in possession; or any person who has charge, care or control of the premises as agent, executor,
administrator, assignee, receiver, trustee, guardian or lessee.
(33) "Person" means any individual, firm, corporation, association, partnership, agent, operator or
anyone in control.
(34) "Plumbing" means all of the following supplied facilities and equipment: water pipes, garbage
disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths,
installed clothes-washing machines, catch basins, drains, vents, and any other similar supplied fixtures,
together with all connection to water and sewer lines.
(35) Premises" means lands and everything of a permanent nature attached thereto as part of the
realty.
(35a) “Rain Barrel” means an above-ground prefabricated storage receptacle with an automatic
overflow diversion system that collects and stores storm water runoff from a roof or structure, which would
have been otherwise routed into a storm drain. (Ord. 2012-30. Passed 10-15-12.)
(36) "Rain carrier" means a drainage device such as gutters or downspouts used to remove drainage
water from roof surfaces of any building or structure.
(37) "Rat harborage" means any space where rats live, nest or seek shelter.
(38) "Rat-proofing" means a form of construction which will prevent the ingress or egress of rats to
or from a given space or building, or gaining access to food, water or harborage. This construction consists
of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior
walls, ground or first floors, sidewalk gratings, sidewalk openings and other places that may be reached and
entered by rats by climbing, burrowing or other methods, by the use of materials impervious to rat gnawing
and other methods approved by the appropriate authority.
(39) "Repair" means to restore to sound condition.
(40) "Rooming house" means and includes every dwelling, other than hotels and motels, kept, used
or held out to be a place where sleeping or lodging rooms are offered for pay to three or more persons.
(41) "Rooming unit" means any room or group or rooms in a rooming house which are used or
intended to be used for living and sleeping, but not for cooking and eating purposes.
(42) "Rubbish" means combustible and noncombustible waste materials except garbage, including
such items as paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmage,
tin can, metals, mineral matter, glass, crocker, dust, and the residue for the burning of wood, coal, coke and
other combustible material.
(43) "Safe load" means the minimum live load as established by the Building Codes of the City.
(44) "Safety" means the condition of being free from danger and hazards which may cause accidents
or disease.
(45) "Service walk steps" mean any steps which are part of the service walk, the sidewalk connecting
a dwelling with the public sidewalk.
(46) "Space heater" means a room heater which is a self-contained above-the-floor device for
furnishing heated air through openings in its casing directly into the space in which the device is located or
immediately adjacent to it. The device may be freestanding or recessed in a wall or partition.
(47) "Structure" means anything constructed to serve any purpose.
(48) "Supplied" means paid for, furnished, or provided by or under the control of, the owner or
operator.
(49) "Total habitable room area" means the total floor space of all habitable rooms having a ceiling
height of five or more feet.
(50) "Vacant dwelling" means a dwelling or dwelling unit which is not being occupied as a home,
residence or sleeping place for one or more persons under a lease, rental agreement or permission of the
owner.
(51) "Ventilation" means the supply and removal of air to and from a space by natural or mechanical
means.
1331.02 POLICY AND APPLICATION; RULES AND REGULATIONS.
(a) Declaration of Policy. There exists in the City residential, nonresidential, commercial, industrial
buildings, structures, and vacant areas and combinations thereof, which are substandard, unsanitary,
deteriorated or deteriorating. Their existence is injurious to the public health, safety, and welfare, including
spiritual values as well as physical, aesthetic and monetary values, and constitute a nuisance and a threat to
the realization of maximum benefits from urban redevelopment and the general growth and the providing of a
safe and healthful environment in the City. The purpose of this Code is to protect the health, safety, and
welfare of the inhabitants of the City by setting forth a comprehensive Housing Code covering all buildings
now in existence or hereafter constructed by:
(1) Establishing minimum standards for:
A. Basic equipment and facilities with respect to light, heat, plumbing and ventilation;
B. Use and location of space for cooking, heating, living and sleeping purpose; and
C. Adequate maintenance and prevention for elimination of hazards and nuisances, both interior
and exterior areas.
(2) Determining the responsibilities of owners, operators, and occupants of dwelling and other
buildings.
(3) Providing for uniform administration and enforcement adequate to carry out the provisions and
intent of this Code.
(b) Application. This Code is a housing code to provide minimum requirements for the safety, health
and welfare of the public and to preserve and improve the economic and aesthetic values and prevent the
deterioration of buildings and neighborhoods in the City. Where a provisions of this Code is found to be in
conflict with a provision of a zoning, building electrical, plumbing, fire, safety, health ordinance, or other
ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes
a higher standard shall prevail.
(c)
Rules and Regulations.
(1) The Housing Inspector is hereby authorized to make and adopt such rules and regulations as may
be necessary for the proper administration of the enforcement of the provisions of this Housing Code,
provided that such rules and regulations shall not be in conflict with the provisions or intent of this Housing
Code. The Housing Inspector shall file a certified copy of all rules and regulations which he may adopt with
the City Clerk. Such rules and regulations shall be posted in a prominent space in City Hall thirty days
before the same shall go into effect. Such rules and regulations shall have the same force and effect as the
provisions of this Housing Code.
(2) A copy of all rules and regulations adopted as provided herein shall be maintained by the
Department of Building and Zoning at its main office and any person having business with the Department of
Building and Zoning shall have access to the copy of all rules and regulations.
1331.03 INSPECTIONS.
(a) Inspections; Right of Entry. Upon presentation of proper credentials, the Housing Inspector may,
where permission is granted, enter at reasonable times any building, structure or premises in the City to
perform any duty imposed on him by this Housing Code. If any owner, occupant, or other person in charge
of a building subject to the provisions of this Housing Code, fails or refuses to permit free access and entry
to the structure or premises under his control, or any part thereof, the Housing Inspector may apply to a
judge of a court of record, pursuant to Ohio R. C. 2933.33(F), for a warrant of search to conduct an
inspection. A warrant of search to conduct an inspection shall not be issued except upon probable cause as
provided in Ohio R. C. 2933.33.
(b) Inspection Fees. A fee of five dollars ($5.00) per dwelling unit shall be collected by the
Department of Building and Zoning at the time an owner or his agent requests:
(1) An inspection of his property to determine whether or not it meets the requirements of this
Housing Code.
(2) A subsequent fee of ten dollars ($10.00) for reinspection of a dwelling unit shall be assessed at
any time a follow-up inspection to an original inspection is requested for purposes other than code
enforcement. A reinspection regarding a Housing Code certification letter shall occur not later than thirty
days after the date of the first certification letter.
(3) These fees shall be for the purpose of defraying the costs of making such inspection, the cost of
preparing a report thereof for the person requesting it, and the related administrative cost involved. Once a
fee has been paid and the inspection has been made, the fee shall not be refundable for any reason
whatsoever.
(c) Liability. Any suit brought against any officer, agent or employee of the City as a result of any act
required or permitted in the discharge of his duties under this Code shall be defended by the City Attorney
until final determination of the proceedings therein. The City shall save such officer or employee harmless
from personal liability.
(d) Protection of Complainant. All records pertaining to the identification of a complainant shall be
kept separate and confidential from the public record of inspection and notice of violation in regard to any
structure. All other information regarding inspections and notices of violations pertaining to any structure
shall be public record and available upon request.
(e) Enforcement by Housing Inspector. The Housing Inspector shall have the powers of a police
officer for the purpose of enforcement of the provisions of this Housing Code, and for the purpose of
enforcement of such sections of the Ohio Revised Code and the Grandview Heights General Offense Code as
they expressly relate to littering.
1331.04 ENFORCEMENT; NOTICE; PENALTIES.
(a) Responsibilities.
(1) No person shall occupy as owner-occupant or let or permit to be occupied or let by another any
dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements set
forth in this Housing Code.
(2) No person shall permit the occupancy or use of any building intended or used for other than
living purposes which does not comply with the requirements set forth in Sections 1331.07(e), 1331.09(j) and
1331.09(m) of this Housing Code.
(b) Contents and Service of Notice of Violation. Whenever the Housing Inspector determines that
there is a violation of any provision of the Housing Code or of any rule or regulation adopted pursuant
thereto, he shall give notice of such violation to the person or persons responsible therefor. Such notice
shall:
(1) Be in writing.
(2) Include a statement of the reasons why it is being issued, with references to the appropriate code
sections being violated.
(3) Prescribe the action which must be taken by the violator to correct the violation or violations.
(4) State a reasonable deadline for correcting the violation which shall not exceed ninety days.
However, when the painting of a substantial portion of a residential structure is required, or when masonry,
concrete or carpentry work is required to correct a violation, the Director of Building and Zoning may, at his
discretion, allow a period for compliance not to exceed one year.
(5) Inform the violator of his right to appeal the order to the Board of Zoning Appeals.
(6) Be served upon the violator through one of the following methods:
A. Personal service. Personal service is accomplished when a copy of the notice is placed in the
hand of the violator. If the violator refuses to grasp the notice in his hand, it may be dropped at his feet
while the server advises the violator that he is being served with a copy of a notice of violation of the
Housing Code of the City of Grandview Heights.
B. Certified mail, return receipt requested. The notice may be sent to the violator at the
violator’s last known residence or place of business by certified mail, return receipt requested. A copy of
the notice may, at the discretion of the Director of Building and Zoning, also be posted in a conspicuous
location upon the premises being cited.
C. Ordinary mail. If certified mail is returned refused or unclaimed, a copy of the notice may be
sent by ordinary mail to the violator’s last known residence or place of business. The certified mail
envelope which was returned refused or unclaimed shall be kept in the appropriate file for use as evidence.
D. Leaving notice at violator’s last known address. A copy of the notice may be left at the last
known residence or place of business of the violator, in the presence of a family member or other responsible
person of suitable age and discretion. Such person must be informed of the general nature of the notice.
(c) Additional Powers of Director of Building and Zoning. The Director of Building and Zoning is
hereby authorized to utilize either City personnel or contract with private businesses to correct any noted
violation or violations which have not been corrected by the person or persons properly served with a notice
of violation in accordance with the deadline set forth in any such notice or pursuant to any extension of time
granted by the Director of Building and Zoning. The cost of so effecting correction of noted violations by
the Director of Building and Zoning shall be reported to Council and upon Council’s approval shall be
returned by the Director of Finance to the Franklin County Auditor for inclusion upon the tax duplicate for
collection, all in accordance with Ohio R.C. 731.51 et seq.
(Ord. 97-32. Passed 11-3-97.)
(d) Emergency Orders.
(1) Whenever the Housing Inspector finds that an emergency exists which requires immediate action
to protect the public health and safety or the health and safety of any person, he may issue an order reciting
the existence of such an emergency and requiring that such action as he deems necessary be taken to meet the
emergency. Notwithstanding the other provisions of this Housing Code, such order shall be effective
immediately and complied with immediately.
(2) If necessary to protect the public health and safety or the health and safety of any person where
an emergency exists in an occupied building, the Housing Inspector shall order that the premises be vacated
forthwith and further that they shall not be reoccupied until the conditions causing the emergency to exist
have been abated and approved by the Housing Inspector.
(3) In cases where it reasonably appears that there is imminent danger to the public health and safety
or the health and safety of any person unless the emergency condition is immediately corrected and if after
reasonable attempts to notify the owner it appears that the owner will not or cannot immediately correct the
condition, the Housing Inspector may cause the immediate abatement, including building demolition, of such
emergency condition. The Housing Inspector shall further cause the cost of such abatement to be charged
against the land on which the building exists as a municipal lien or to be recovered in a civil suit against the
owner.
(e) Retaliatory Eviction. No owner, or person having control, of any premises regulated by this Code
shall institute any action to recover possession of the premises or otherwise willfully cause a tenant to quit a
habitation involuntarily, demand an increase in rent from a tenant, decrease services to which a tenant has
been entitled, or increase the obligations of a tenant, in retaliation against a tenant' s good faith complaint or
report of conditions in, or affecting his dwelling unit which might reasonably be believed to constitute a
violation of a housing, building, health, or other code or ordinance made to a governmental authority or to
the owner. Provided, however, that this subsection shall not apply:
(1) Where it is established that the tenant has complained to a governmental authority or to the owner
subsequent to the receipt of a written notice to leave the premises; or
(2) Where the rent is increased to reflect the cost of improvements installed in or about the premises
other than by the occupant or other costs of operation of the premises.
(f) Fire Insurance Claim.
(1) No insurance company doing business in the State of Ohio shall pay a claim of a named insured
for fire damage to a structure located within the City where the loss agreed to between the named insured or
insureds and the company or companies is more than five thousand dollars ($5,000) and equal or exceeds
sixty percent (60%) of the aggregate limits of liability on all fire policies covering the structure unless there
is compliance with subsection (f)(2) and (3) hereof.
(2) The insurance company or companies in accordance with Division (F) of Ohio R. C. 715.26 shall
transfer from the insurance proceeds to the Mayor in the aggregate one thousand dollars ($1,000) for each
twenty thousand dollars ($20,000), and each fraction of that amount, of a claim, or, if at the time of a proof
of loss agreed to between the named insured or insureds and the insurance company or companies the named
insured or insureds have submitted a contractor' s signed estimate of the costs of removing, repairing, or
securing the building or other structure, shall transfer from the insurance proceeds the amount specified in
the estimate.
Such transfer of proceeds shall be on a pro rata basis by all companies insuring the building or
other structure.
(3) Upon receipt of proceeds by the Mayor as authorized by this section, the Mayor shall deposit
same with the Finance Director who shall place the proceeds in a separate fund to be used solely as security
against the total cost of removing, repairing, or securing the building or structure incurred by the City
pursuant to Ohio R. C. 715.261.
A. When transferring the funds as required in this subsection, an insurance company shall provide
the Mayor with the name and address of the named insured or insureds, whereupon the Mayor shall contact
the named insured or insureds, certify that the proceeds have been received by the City and notify them that
the following procedures will be followed:
B. The fund shall be returned to the named insured or insureds when repairs, or removal, or
securing of the building or other structure have been completed and approved by the Mayor, if the City has
not incurred any costs for such repairs, removal, or securing. If the City has incurred any costs for repairs,
removal, or securing of the building or other structure, such costs shall be paid from the fund and if excess
funds remain, the City shall transfer the remaining funds to the named insured or insureds. Nothing in this
subsection shall be construed to limit the ability of the City to recover any deficiency under Ohio R. C.
715.261.
C. Nothing in this subsection shall be construed to prohibit the City and the named insured or
insureds from entering into agreement that permits the transfer of funds to the named insured or insureds if
some other reasonable disposition of the damaged property has been negotiated.
(g)
Penalties.
(1) Whoever violates any provision of this Housing Code is guilty of a misdemeanor of the third
degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty
days or both. Each day that any such person continues to violate any of the provisions of this Housing Code
shall constitute a separate and complete offense. Receipt of notice under Section 1331.04(b) shall not be a
prerequisite for prosecution for any violation of this Housing Code, providing a diligent effort was made
under its provisions.
(2) Whoever violates any provision of any rules or regulation adopted by the Housing Inspector
pursuant to authority granted by this Housing Code is guilty of a misdemeanor of the third degree and shall
be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty day or both.
Each day that any such person continues to violate any rule or regulation adopted by the Housing Inspector
pursuant to authority granted by this Housing Code shall constitute a separate and complete offense.
(3) Regardless of the penalty otherwise provided in this subsection, an organization convicted of a
violation of the Grandview Heights Housing Code, a misdemeanor of the third degree, shall be fined not
more than three thousand dollars ($3,000).
(h) Civil Penalty. The violation of, or failure to comply with any of the provisions of this Housing
Code is declared to be unlawful and in addition to any other remedy is subject to the following civil penalty:
(1) Any person who violates or fails to comply with any of the provisions of this Code or fails to
bring property in compliance with this Code following the issuance of an order by the Housing Inspector
shall be subject to a penalty of ten dollars ($10.00) per violation per day. The penalty provided herein shall
be calculated for each violation from the day set forth in the notice of violation when compliance should have
been affected and will run until the violation has been removed.
(2) On the date established for compliance, the Housing Inspector shall reinspect the property to
determine whether the violation or violations contained in the notice of violation have been removed. If the
Housing Inspector is unable to reinspect the property on the compliance date set forth in the notice of
violation, then the person served with the notice of violation may serve upon the Housing Inspector an
affidavit setting forth facts showing compliance with the notice of violation and such affidavit shall serve as
notice of compliance unless upon inspection of the Housing Inspector it is found that any or all of the
violations set forth in the notice remain wholly uncorrected. If the violation or violations are found to be
wholly uncorrected, the affidavit shall be of no effect and the penalty provided herein shall be assessed from
the date when compliance should have been effected.
(Ord. 89-21. Passed 5-1-89.)
1331.05 BUILDINGS UNFIT FOR HABITATION.
(a) General Provisions. The designation of buildings as being unfit for human habitation or use and the
procedure for the condemnation and placarding of such building shall be carried out in accordance with the
requirements set forth in this section.
(b) Designation of Buildings as Unfit for Habitation. Any building which shall be found to have any of
the following defects shall be condemned as unfit for human habitation or use and shall be so designated and
placarded by the Housing Inspector.
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infected that it is
hazardous to the health or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or
safety of the occupants or of the public.
(3) One which because of its general condition is unsanitary or otherwise hazardous to the health or
safety of the occupants or of the public.
(c) Vacation of Premises. No owner or other person shall continue to occupy or use or let the permit
to be occupied or used or let by another for occupancy or use any building which has been condemned as
unfit for human habitation or use. The building shall be vacated within a reasonable time as ordered by the
Housing Inspector.
(d) Notices. Whenever the Housing Inspector determines that a building is unfit for human habitation
or use:
(1) He shall serve notice pursuant to Section 1331.04(b), and
(2) He shall affix to such building or portion thereof, upon the door or entrance thereto, a placard on
which shall be printed a declaration that such building or portion thereof is unfit for human habitation. The
Housing Inspector shall remove such placard whenever the violation or violations upon which the
condemnation and placarding action were based have been eliminated.
(e) Securing of Vacant Building. No owner of any vacant building shall fail to maintain securance of
all doors and windows of such vacant building or fail to maintain yards, areas and entire premises of such
vacant building free from trash, debris, and rank growth of weeds, grass, hedges, shrubs or trees.
(f) Standards for Securing Vacant Buildings. In securing a building or structure such building or
structure shall be secured in an approved workmanlike manner.
(1) Any opening to be secured, including doors and windows, shall be covered uniformly and
entirely with one construction material when standards sizes permit, from the outside of any building or
structure.
(2) Only one type of securing material may be used on all openings, including doors and windows,
on a single building or structure. Such securing material must be of a single color, texture, grade, weight
and/or gauge per building or structure application.
(g) Discontinuance of Utilities in Buildings Vacated as Unfit for Human Habitation or Use. In any
building which has been condemned and placarded as unfit for human habitation or use and vacated, the
Housing Inspector may cause any or all utilities serving such building to be discontinued or disconnected
until such time as the defects upon which the condemnation and placarding of the building were based have
been eliminated. The Housing Inspector may cause any or all utilities serving such building to be
discontinued by notifying the public utility or utilities serving such building that the building has been
condemned as being unfit for human occupancy or use and vacated. Upon receipt of such notice, the public
utility or utilities shall be disconnected or discontinue the utility service within a reasonable time. Such
notice shall include the date the order was issued and the date the property was first vacated; a copy of the
order relating to the building shall be attached. Upon prior written approval by the Housing Inspector any
utility or utilities available to a building that has been condemned as unfit for human habitation or use and
vacated may be resumed or reconnected for the purpose of facilitating compliance with the notice of violation
issued pursuant to Section 1331.04(b). Except as provided herein, no person shall resume or reconnect any
utility or cause resumption or re-connection of any utility which has been discontinued or disconnected as
provided herein without first obtaining prior written approval by the Housing Inspector.
(h) Re-occupancy of Building. No building which has been condemned and placarded as unfit for
human habitation or use shall again be used for human habitation or use until written approval is secured
from, and such placard is removed by, the Housing Inspector. The Housing Inspector shall remove such
placard whenever the defects upon which the condemnation and placarding action were based have been
eliminated.
(i) Tampering or Removing Placard. Except as provided in Section 1331.05(h), no person shall deface
or remove the placard from any building which has been condemned as unfit for human habitation or use and
placarded as such.
(Ord. 89-21. Passed 5-1-89.)
1331.06 UNSAFE BUILDINGS.
(a) General Provisions.
(1) The designation of any building or accessory structure as being an unsafe building and the
procedure for the condemnation and placarding of such building or accessory structure shall be carried out in
accordance with the requirements set forth in this chapter.
(2) No owner shall allow an unsafe building or accessory structure as defined in this chapter to exist
for a period exceeding thirty days following the date such building or accessory structure is so designated by
the Housing Inspector without either having commenced repairs or demolition thereof. Such repairs or
demolition shall be completed within a reasonable time as ordered by the Housing Inspector.
(b) Designation as an Unsafe Building. Any building found to be vacant or which becomes vacant after
having been declared unfit for human habitation or use, including accessory structures, and which because of
its condition, constitutes a hazard to the public health, safety, or welfare is hereby declared to be a nuisance
and an unsafe building and shall be so designated and placarded by the Housing Inspector.
(c) Notices. Whenever the Housing Inspector determines that a building is an unsafe building as
defined in Section 1331.06(b):
(1) He shall serve notice pursuant to Section 1331.04(b); and
(2) He shall affix to such building or portion thereof, upon the door or entrance thereto, a placard on
which shall be printed a declaration that such building or portion thereof is an unsafe building.
(d) Repair of Premises. Any building deemed an unsafe building and so designated and placarded by
the Housing Inspector shall be brought to a safe condition or razed within a reasonable time as ordered by the
Housing Inspector.
(Ord. 89-21. Passed 5-1-89.)
1331.07 BASIC EQUIPMENT AND FACILITIES.
(a) Kitchen Sink. In every dwelling unit there shall be a kitchen sink in good working condition,
properly connected to a public water and sewer system or to a water and sewer system approved by the
Health Commissioner, and which is capable of providing at all times a reasonable amount of heated and
unheated running water.
(b) Bathrooms. Every dwelling unit shall have a bathroom which affords privacy to a person within the
room. The facilities of the bathroom shall include one flush water closet, lavatory basin, and the bathtub or
shower in good working condition and properly connected to a public water and sewer system or to a water
and sewer system approved by the Health Commissioner which provides at all times an adequate amount of
heated and unheated running water. All bathroom doors shall provide an unobstructed opening adequate for
safety.
(c) Garbage Disposal and Rubbish Storage Receptacles. Every building shall have adequate garbage
disposal and rubbish storage receptacles made of suitable material with handles and tight-fitting lid which
shall be so maintained at all times so as to protect the contents of such receptacles from the elements, prevent
the ingress or egress of animals and insects, prevent odors from escaping, and otherwise conform to Section
955.05. Cubic yard containers may be provided to meet this requirement provided that they have lids and
covers on doors. Other containers that are watertight with a tight-fitting lid as permitted if they are collected
and disposed of by a person licensed under the provisions of Section 955.07. All such receptacles shall be
maintained in good order and repair. Responsibility for supply and maintenance of these receptacles shall be
performed as specified in Section 1331.12.
(d) Water-heating Facilities. Every dwelling shall have supplied water-heating facilities which are
properly installed, maintained in safe and good working condition, properly connected with hot water lines,
and capable of heating water to such a temperature as to permit water to be drawn at every required kitchen
sink, lavatory basin, bathtub or shower at a temperature of not less than 110 degrees Fahrenheit.
(e) Means of Egress. Every dwelling unit shall have an unobstructed means of egress leading to safe
and open space at ground level which complies with Section 1331.09(c). Access to or egress from each
dwelling unit shall be provided without passing through any other dwelling or dwelling unit.
(f) Locks. No person shall let to another for occupancy any dwelling or dwelling unit unless all
window and door openings to the outside or to a common hall or foyer are equipped with functioning locking
devices capable of affording reasonable security from intrusion or burglary.
(g) Plumbing Fixtures. Every plumbing fixture and water and waste pipe, including a garbage
disposal, which is supplied or required to be supplied shall be properly installed, connected and maintained in
good sanitary working condition; free from defects, leaks and obstructions; and capable of performing the
function for which it was designed.
(Ord. 89-21. Passed 5-1-89.)
1331.08 LIGHT, VENTILATION AND HEATING.
(a) Window Area Required. Every habitable space shall be provided with natural light not less than
that transmitted through clear window glass equal in area to five percent (5%) of the floor area of such
space; natural light is not required in kitchenettes, kitchens, dining areas, utility areas, hallways and water
closets of apartments, dwellings, and household units and hallways and stairways outside a dwelling unit.
The light shall be provided by at least one window or skylight facing directly to the outdoors. Whenever
light is obstructed from a window by a structure that extends above the top of the window and is closer than
three feet to the window, such a window shall not be deemed to face directly to the outdoors and shall not be
included as contributing to the required minimum total window area. Artificial lighting and mechanical
ventilation may be provided in lieu of the required window area provided the artificial lighting and
mechanical ventilation was installed in conformance with the Grandview Heights Building Code.
(b) Operable Window Area. Every habitable room shall have at least one window or skylight which
can be opened or such other device as will adequately ventilate the room. Where natural ventilation only is
provided, the total operable window area in every habitable room shall be equal to at least fifty percent
(50%) of the minimum window area size or minimum skylight-type window size.
(c) Windows in Bathrooms. The window area in bathrooms shall be not less than two square feet and
not less than one-half such area shall be capable of being opened, except that widows are not required in
bathrooms equipped with a ventilation system approved by the Housing Inspector.
(d) Electrical Requirements. All dwellings and dwelling units not already connected to a source of
electric power that are within 300 feet of available electric power lines must be connected to such power
lines. In addition all electrical services shall meet the following requirements:
(1) All electrical service connection shall be installed, repaired or replaced in accordance with the
Building Code of the City.
(2) All electrical wiring, connection, fixtures, breakers and switches shall be properly installed and
shall be maintained in good and safe working condition free from defects and hazards to life and property.
(3) No temporary wiring may be used in any dwelling or dwelling unit except as approved by the
Electrical Inspector under the City Building Code.
(4) Extension cords may be used to connect portable electric loads to a source of power. Such
cords may not be used where the electric current to be supplied would exceed the cord' s carrying capacity.
(5) Extension cords may not be passed through open doorways or windows or under floor coverings;
they may not be placed in such a position that the passage of traffic over them could result in damage to the
insulation.
(6) No more than two portable appliances may be connected to an outlet.
(7) Maximum fuse sizes shall be clearly posted on all fuse boxes. Fuses in excess of the posted
maximum are not permitted. Proper amperage type S fuses may be installed in lieu of posting maximum
fuse sizes. The fuse box shall be accessible at all times to the occupants of each dwelling or dwelling unit.
A. Anytime an electrical service is moved, altered in any way or replaced the service shall be
increased to not less than 100 amperes per dwelling unit. Such new service shall be circuit breaker type
having a minimum of fourteen full size in addition to the main breaker. Split buss panels shall not be
permitted. All electrical service panels shall have each circuit identified as to the location served.
B. Every habitable room of a dwelling or dwelling unit shall contain at least two separate
wall-type duplex electrical convenience outlets in addition to one supplied ceiling-type electric light fixture
except that kitchens shall be provided with at least two wall type duplex electrical convenience outlets. In
addition, each kitchen shall have at least one wall-type duplex electrical convenience outlet for each three
lineal counterspace.
C. Every water closet compartment, bathroom, laundry room, and furnace room shall contain at
least one supplied ceiling or wall type light fixture. Every such fixture shall be properly installed, shall be
maintained in good and safe working condition, and shall be connected to a source of electric power.
D. No ceiling or wall fixture shall be used to supply power to equipment other than that for which
it is designed.
E. Property owners must update the electrical system to the above standards when it has been
determined by the Electrical Inspector that the system is obsolete or hazardous.
(e) Heating Facilities Required.
(1) Every dwelling and dwelling unit shall have heating facilities which are properly installed, vented
and maintained in a safe operating condition, and are capable of safely and adequately heating all habitable
rooms, bathrooms, and water closet compartments located therein to a temperature of at least seventy degrees
Fahrenheit when the outside temperature is zero degrees Fahrenheit.
(2) It shall be the responsibility of the occupant to operate the heating facilities in order to maintain
temperatures at all times in all portions of the dwelling or dwelling unit and the premises which he occupies
and controls so as to prevent injury or damage to water pipes and plumbing whenever operations of the
heating facilities is under his control.
(3) It shall be the responsibility of the owner, operator or agent to operate the heating facilities in
order to maintain at least seventy degrees Fahrenheit temperature when the outside temperature is zero
degrees Fahrenheit or above in all portions of the dwelling or dwelling unit and the premises which he
occupies or controls so as to prevent injury to the health of the occupants or damage to water pipes and
plumbing whenever operation of the heating facilities is under his control.
(4) Non-electric space heaters and prohibited.
(5) A clearance of at least twelve inches for the rear and sides and at least twenty-four inches for the
top and front of all room or space heaters is required.
(6) Open flame radiant type space heaters are prohibited.
(7) Kerosene and LPG fueled portable heaters shall be prohibited in any rental or leased dwelling or
dwelling unit.
(8) Burning of coal or wood in a fireplace not designed for such use is prohibited.
(f) Lighting in Halls or Stairways. Every public hall and stairway in every dwelling containing two or
more dwelling units shall be provided with sufficient natural and artificial lighting facilities and fixtures to
insure safe passage at all times. Every public hall and stairway located in structures devoted solely to
dwelling occupancy containing not more than three dwelling units may be supplied with conveniently located
light switches, controlling an adequate lighting system which may be turned on and off when needed, instead
of full-time lighting.
(g) Screening. In every dwelling or dwelling unit all openings to outdoor space necessary for
ventilation purposes shall be equipped with screening from May 1, to October 31. All screening required
under this section shall be not less than sixteen meshes to the square inch and shall be installed and
maintained in a manner affording reasonable protection against entry into the dwelling or dwelling unit of
flies, mosquitoes, and other insects.
(1) The existence of air conditioning does not alter the screening requirements.
(h) Structural Spaces. Spaces such as basements, cellars, loft areas, attics and enclosed crawl spaces
shall be provided with openings of sufficient size such as will provide natural ventilation to overcome
dampness, minimize the effect of conditions conducive to decay and deterioration of the structure, and
prevent excessive heat in attics. Mechanical ventilation may be provided in lieu of natural ventilation
provided the mechanical ventilation was installed in conformance with the Grandview Heights Building
Code.
(i) Rental and Leased Property. Occupants of any rental or leased dwelling or dwelling unit may not
install, repair or replace any system in Section 1331.07 or 1331.08 without first having written permission of
the property owners, managers or agents. Such permission shall be surrendered to the Housing Inspector
upon request.
(Ord. 89-21. Passed 5-1-89.)
1331.09 SAFETY AND SANITARY REQUIREMENTS.
(a) Structure to be Watertight, Rodent-Proof and Weather-Tight. Every foundation, floor, exterior
wall and roof shall be substantially watertight, rodent-proof and weather-tight. Their supporting members
shall be sound and in good repair.
(b)
Windows, Doors and Hatchways.
(1) Every window used for ventilation, exterior door, and basement hatchway shall be substantially
weather-tight and shall be kept in sound working condition and good repair. Every window not used for
ventilation shall be kept in good repair.
(2) No doorway shall be less than seventy-eight inches in clear height or less than twenty-four inches
in width for each bathroom, thirty inches in width for each habitable room or service door, twelve inches in
width for each closet, and thirty-two inches in width to a public stairway.
(Ord. 89-21. Passed 5-1-89.)
(c) Stairs and Porches. Every interior and exterior stairway, every porch, and every appurtenance
thereto shall be constructed so as to be safe to use and capable of supporting a normal load. The stairway
shall be kept in sound condition and in good repair. Stairway handrails and balusters shall be structurally
sound, firmly fastened, maintained in good condition, and thirty to forty-two inches high.
(1) A handrail shall be placed on at least one side of any stairway which has a total rise of thirty (30)
inches or more.
(2) Any stairway extending between two floors shall have handrails on all unenclosed sides.
(3) Balusters spaced so that a four-inch sphere will not pass through or other approved means of
protection against falls shall be provided wherever handrails are required.
All exterior stairways shall meet the following requirements:
(1) A handrail shall be placed on at least one side of any stairway which has a total rise of thirty (30)
inches or more.
(2) Any stairway extending to the second floor or above shall have handrails on all unenclosed sides.
(3) Porches, balconies, and stoops located more than thirty (30) inches higher than the adjacent area
shall have handrails on all open sides.
(4) Balusters spaced so that a four-inch sphere will not pass through or other approved means of
protection against falls shall be provided wherever handrails are required.
(Ord. 2012-16. Passed 10-15-12.)
(d) Bathroom Floor Surfaces. Every water closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to reasonably impervious to water, to permit such floor easily to be
kept in a clean and sanitary condition, and to prevent water damage to the structure. Bathroom carpeting is
permitted if the underlying floor meets the above requirements.
(e) Safe Equipment and Facilities. Every facility, piece of equipment or utility which is supplied or
required to be supplied shall be so constructed or installed that it will function safely and effectively and shall
be maintained in satisfactory working condition.
(f) Discontinuance of Service or Facility. No owner or other person, except a public utility company
or private supplier for nonpayment of a utility bill, shall remove, shut off, discontinue, interrupt or cause the
removal, shut off, discontinuance or interruption of any service, facility, equipment or utility which is
required under this Housing Code from any occupied dwelling except for such temporary interruption as may
be necessary while actual repairs or alterations are in process or during emergencies when discontinuance is
approved by the Housing Inspector. Failure or neglect by an owner who has responsibility for payment of a
utility bill for any unit he does not occupy to pay such bill with a resulting shut off of the utility shall be
construed as causing the shut off. The Housing Inspector shall have the authority to cause the disconnection
of any utility should the safety of the occupant be subject to a serious or hazardous condition.
(g) Clean and Sanitary Dwelling. No owner or operator shall let to any other person and allow
occupancy to begin in any dwelling or dwelling unit unless it is clean, sanitary and fit for human occupancy.
(h) Maintenance of Roofs, Gutters and Downspouts.
(1) All roofs of every dwelling structure shall be maintained weather-tight and shall be equipped with
gutters and downspouts connected to a public storm sewer, curb, gutter and/or rain barrel. Rail barrels shall
be covered at all times, shall be installed and maintained so as to provide reasonable protection against
infestation by flying insects, and shall incorporate an automatic overflow diversion system that directs any
overflow away from the building’s foundation and is connected to a public storm sewer and/or curb and
gutter. Rain barrels must be free of chemicals from any prior use. Metal fifty-five gallon drum industrial
storage containers are not permitted.
(Ord. 2012-30. Passed 10-15-12.)
(2) The owner of any dwelling shall be responsible for the installation and maintenance of adequate
rain carriers where the absence thereof creates a structural or a health hazard.
(i)
Fire Prevention.
(1) The owner or operator of any multiple dwelling, rooming house or dwelling unit shall be
responsible for the installation and maintenance of all fire prevention appliances and devices and the
implementation and continuity of all fire prevention practices as required by the Grandview Heights Building
Code, the Grandview Heights Fire Prevention Code and this Housing Code. No owner or operator shall let
to another person for occupancy or permit occupancy by another person of any multiple dwelling or portion
thereof, or any rooming house or portion thereof, or any dwelling unit or portion thereof that does not meet
the requirements set forth in this section.
(2) No owner, operator or occupant of any dwelling or dwelling unit shall cause, create or suffer
conditions not in compliance with the requirements set forth in this section.
A. No flammable liquid other than fuel oil for oil burner service or fuel required for maintenance
or equipment operation shall be stored in dwellings or accessory structures. Storage of fuel for maintenance
or equipment operation in dwellings with three or less dwelling units shall not exceed an aggregate total of
five gallons and shall be in closed metal containers or safety cans. Storage of fuel for building maintenance
or equipment operation in dwellings with four or more dwelling units shall be in closed metal containers
stored in a storage cabinet or in safety cans or in an inside storage room not having a door that opens into
that portion of the building used by the public.
B. Flammable materials may not be stored or kept within ten feet of heating equipment or of
chimneys which vent heating equipment.
C. No materials or other matter shall be placed, kept or allowed to accumulate in places where
such placement, keeping or accumulation may block or hinder egress from the dwelling.
(Ord. 89-21. Passed 5-1-89.)
D. Every dwelling shall have its legal address number posted in accordance with the
specifications set forth in Section 1343.01.
(Ord. 2009-41. Passed 3-1-10.)
E. Fire escapes where required or installed shall be kept in good order and repair and shall be
protected from deterioration by paint or other approved methods.
F. All rooming houses and all dwelling units shall be equipped with an alarm approved by
Underwriters Laboratories or Factory Mutual Research Corp. which is sensitive to any of the procedures of
combustion except that those sensitive to heat only are not acceptable. An alarm shall be installed adjacent
to, but outside of, sleeping rooms in such a manner that the alarm signaling device shall be clearly audible in
all bedrooms when all intervening doors are closed. For the purpose of installation and maintenance only
the application sections of National Fire Protection Association No. 74 "Standard for the Installation,
Maintenance and Use of a Household Fire Warning System" shall be accepted.
(j) Rat-Proofing. Every dwelling, accessory structure, and premises thereof shall be maintained in a
rat-free and rat-proof condition as follows:
(1) All ventilation, lighting, access or other openings of one-half inches or more which are accessible
to rats shall be rat-proofed by grilles, sheet metal, hardware cloth, tight fitting metal covers and frames or
other method approved by the Housing Inspector.
(2) Any enclosure or crawl space under a structure which creates a potential rat harborage shall be
rat-proofed at all places where a rat could create an opening to the building.
(3) The lower edge of all exterior doors shall not be more than three-eighths inch above the
threshold.
(4) Skylights accessible to rats shall be tight fitting, constructed of approved rat-proof materials, and
screened with hardware cloth or expanded metal if operable.
In addition to the above requirements, the following provisions apply to any dwelling, accessory structure
and premises where it is determined that rat infestation exists:
(1) The lower eight inches of each wooden exterior door shall be covered by sheet metal in a safe
and rat-proofed manner.
(2) Each exterior door shall have an automatic door closing device or a screen door with such a
device.
(3) Any space between two buildings which is too small to permit inspection of the exterior walls of
each building shall be sealed without obstructing drainage so as to prevent rat entrance.
(4) Following extermination by an approved means, all rat holes or burrows shall be eliminated or
filled with earth or other suitable material.
(5) Any stacking of material on the exterior of the premises shall be elevated twelve inches from the
ground and shall not be placed against the walls of the structure.
(Ord. 89-21. Passed 5-1-89.)
(k) Exterior of Premises. All buildings or parts thereof including accessory structures shall be
maintained in a decent, safe and sanitary condition in compliance with, but not restricted to, the following
requirements:
(1) All exterior wood surfaces, other than approved wood surfaces which do not require any decay
preventative treatment, shall be protected from the elements by paint or other protective covering or
treatment that adheres in all places.
(2) All driveways, fire escapes, porches, decks, sidewalks, exterior stairways, yards and entire
premises shall be kept clean in good repair and free from the following:
A. Garbage, refuse and other debris, unless stored in compliance with Chapter 955 (Garbage and
Refuse Collection) of the Codified Ordinances of the City of Grandview Heights;
B. Broken or dilapidated fences, walls or other structures;
C. Out of use or nonusable appliances, heating and cooling units, and motor vehicle parts;
D. Rugs, rags, carpeting and similar materials not being used for general household purposes;
E. Broken, dilapidated or unusable furniture;
F. Furniture not constructed to withstand outdoor use;
G. Construction materials, except for materials currently being used for renovations or new
construction;
H. Other materials placed at or on the premises in such a manner as to be unsightly, grotesque or
offensive to ordinary senses;
I. Objects or conditions such as excavations, holes and dead or dying trees that are hazardous to
safe passage and use;
(3) All premises shall be graded and drained. Grading shall be done to assure drainage away from
basement walls.
(Ord. 96-12. Passed 5-6-96.)
(l) Floors and Interior Walls, Ceilings and Doors. Floors and interior walls, ceilings and doors and
their supporting members shall be sound and in good repair.
(m) Fences.
(1) All fences and gates shall be maintained in good condition. Wood materials, other than decay
resistant woods, shall be protected against decay by use of paint or other approved preservative.
(2) No person shall erect, construct or maintain any electric fence, barbed wire fence or a fence
having wire or metal prongs or spikes within a residential district or on property which abuts residential
property unless such fence is required to protect the public from hazardous equipment or from a club or
commercial swimming pool. Electrical fences are prohibited in any district as per Section 1157.08(i).
(n) Concrete, Brick and Masonry Work. Structural concrete, brick and masonry work including
sidewalks and retaining walls shall be sound, free of extensive mortar voids, holes, cracks and loose
components.
(Ord. 89-21. Passed 5-1-89.)
1331.10 LEAD BASED COATINGS AND LEAD BEARING SUBSTANCES.
(a) Definitions. For purposes of this chapter the following definitions shall apply:
(1) "Lead-based coatings" means any paint, lacquer, or other applied liquid surface coating or putty
which contains a quantity of lead more than five-tenths of one percent (0.5 of 1%) lead by weight, calculated
as lead metal, in the total nonvolatile content of liquid paints, or such standard, not to exceed five-tenths of
one percent (0.5 of 1%) in coatings as may hereafter be established by Federal law or regulation.
(2) "Lead-bearing substances" means any structural substance or material which contains 0.3
milligram per square centimeter or more of metallic lead, based upon the total nonvolatile content of the
substance.
(3) "Surface" means the outermost layer or superficial area of the interior or exterior of a dwelling
or dwelling unit including but not limited to the walls, ceilings, floors, stairs, windows, window sills,
window frames, baseboards, decks, porches, railings, woodwork, metal work, trim and fixtures of a
dwelling or dwelling unit.
(b) Lead-based Coatings. No person shall sell, use or apply lead-based coatings which may be inhaled,
ingested or absorbed and which are intended for use:
(1) In or upon any exposed surface of any dwelling or dwelling unit readily accessible or hazardous
to children.
(2) In or upon fixtures or objects used, installed or located upon exposed surfaces of any dwelling or
dwelling unit readily accessible or hazardous to children.
(3) In or upon furniture, toys, playground equipment, cooking, eating or drinking utensils or food or
liquid containers.
(c)
items:
Other Lead-Bearing Substances. No person shall sell or manufacture the following lead-bearing
(1) Fixtures, objects, toys or furniture which may be chewed or eaten by children.
(2) Cooking, eating or drinking utensils or containers for food or liquid which may be chewed or
eaten by children.
(d)
Warning Statement.
(1) Within thirty days of the effective date of this chapter, all lead-based coatings existing in dealer
or manufacturer inventories, or any coating to be manufactured for sale to the general public within the City
within thirty days after this chapter becomes effective shall be required to be marked with the following
stick-on label:
WARNING
CONTAINS LEAD
DRY FILM OF THIS PAINT
MAY BE HARMFUL IF EATEN OR CHEWED
Do not apply on toys and other children' s articles, furniture, or interior surface of any dwelling which
may be occupied or used by children.
Do not apply on those exterior surfaces of dwelling units, such as window sills, porches, stairs, or
railings, to which children may be commonly exposed.
KEEP OUT OF REACH OF CHILDREN
(2) All lead-based coatings for sale to the general public manufactured more than thirty days after the
effective date of this chapter bear identical labeling to that found in subsection (d)(1). However, the
following part of the warning statement must appear on the principal display panel:
WARNING
CONTAINS LEAD
DRY FILM OF THIS PAINT
MAY BE HARMFUL IF EATEN OR CHEWED
See other cautions of
(Side or Back) Panel.
The remainder of the warning label may appear on the side or back panel of the lead based coating
container.
(3) All lead-based coatings manufactured more than thirty days after the effective date of this chapter
for sale other than to the general public must be labeled in the following manner.
WARNING
CONTAINS LEAD COMPOUND
Does not apply to toys, furniture or other surfaces which might be chewed by children.
Wash hands thoroughly after using and before eating or smoking.
(e) Public Nuisance. Any dwelling or dwelling unit in which interior or exterior surfaces readily
accessible or hazardous to children contain loose, chipped, peeling or flaking paint or plaster container 0.3
milligram per square centimeter or more of metallic lead is hereby declared to be a public nuisance.
(f)
Inspection and Notice.
(1) The Department of Building and Zoning shall inspect dwellings or dwelling units for the presence
of lead-based coatings contained in loose, chipped, peeling or flaking paint or plaster or lead-bearing
substances upon its own initiate analysis.
(2) Upon determination of the presence of metallic lead in a quantity of 0.3 milligram per square
centimeter or more in the paint or plaster, notice shall be given to the owner and all occupants by certified
mail, return receipt requested, and shall be posted in a conspicuous place upon the dwelling or dwelling unit.
(3) Upon determination of the presence of metallic lead in a quantity of 0.3 milligram per square
centimeter or more in such paint or plaster, the Department of Building and Zoning shall notify the Health
Commissioner of the names and addresses of all occupants of the dwelling or dwelling unit and the names
and addresses of the owners of the dwelling or dwelling unit. Occupant families with children six years of
age or younger shall be informed by the Department of Building and Zoning of the lead poisoning testing and
treatment program available through the Columbus Department of Health. All physicians, nurses or public
health officials who diagnose or suspect lead poisoning in any person shall report such findings to the
Grandview Heights Health Commissioner. The Commissioner of Health shall report such findings to the
Building Department.
(g)
Enforcement; Department of Building and Zoning May Perform Work.
(1) When the Department of Building and Zoning determines the presence of loose, chipped, peeled,
or flaking paint or plaster which contains more than 0.3 milligram per square centimeter or more of
lead-bearing substances upon any interior or exterior surface or fixture, the Department of Building and
Zoning shall order the owner or owners to remove or permanently cover such paint or plaster in a manner
approved by the Grandview Heights Health Commissioner. The process of removal shall be accomplished
in a manner which is not dangerous to the health of human beings and shall provide for the elimination and
safe disposal of all flakes, chips and debris containing lead-bearing substances.
(2) If, after thirty days following the date of notification to the owner, the removal of lead-bearing
substances has not begun and the owner of the dwelling or dwelling unit has not requested a hearing as
provided by Section 1331.04(b), the Department of Building and Zoning may contract to have the work
done. The Department of Building and Zoning shall cause the cost of such repair to be charged against the
land on which the building exists as a municipal lien or to be recovered in a civil suit against the owner.
(h) Retaliatory Eviction Prohibited. No owner of any dwelling or dwelling unit, after receiving notice
of an inspection under this chapter, shall engage in retaliatory action against an occupant of the affected
dwelling. It is presumed any such retaliatory action by the owner is in violation of Section 1331.04(g).
1331.11 MINIMUM SPACE AND USE REQUIREMENTS.
(a) Habitable Floor Area; Standards. No floor area, in any dwelling or part thereof, shall be
considered as constituting the habitable floor area unless such floor area meets at least the following
minimum standards:
(1) In a one-floor single-family dwelling, or in the first floor area of any other dwelling, clear ceiling
height shall be at least seven feet six inches.
(2) In the second floor area of any dwelling, a clear ceiling height of at least seven feet six inches in
at least two-thirds of such floor area and a clear ceiling height of not less than five feet in the remaining
one-third of such floor area shall be required.
(3) No portion of any room which is less than seven feet in width shall be included in determining
the habitable floor area.
(4) Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first
occupant thereof and at least one hundred additional square feet of habitable floor area for every additional
occupant thereof, but in no case shall any dwelling unit contain less than the minimum number of square feet
of habitable floor area as required by other provisions of this chapter.
(5) One-floor single-family dwellings shall have a minimum floor area of 400 square feet or the
utility room shall have a minimum floor area of 150 square feet.
(6) Any single-family dwelling consisting of more then one floor shall have a minimum first floor
habitable floor area of 624 square feet and a minimum second floor habitable floor area of 625 square feet, in
addition to a basement or utility room. The basement shall have a minimum habitable floor area of 400
square feet, or the utility room shall have a minimum floor area of 150 square feet.
(7) Each two-family dwelling arranged so as to have one dwelling unit over the other shall have a
basement and first and second floor, each of which shall have a minimum habitable floor area of 750 square
feet.
(8) A one-floor double house shall have a minimum habitable floor area of 750 square feet in each
suite, in addition to a basement or utility room for each suite. Basements shall have a minimum floor area
of 400 square feet and utility rooms shall have a minimum floor area of 150 square feet.
(9) A two-floor double house, or any double house other than a one-floor double house, shall have a
minimum first floor habitable floor area of 650 square feet in each suite, in addition to a basement or utility
room for each suite. Basements shall each have a minimum floor area of 325 square feet. Utility rooms
shall each have a minimum floor area of 150 square feet.
(10) Each single-family dwelling and each suite of any two-family dwelling or double house shall
contain not less than four rooms, exclusive of basement or utility room, and an additional room or rooms
containing toilet and bath facilities.
(11) The four rooms required to be provided by subsection (b)(10) hereof shall consist of or include
rooms of the first four following classification or intended use. Such rooms shall contain minimum habitable
floor areas in the following amounts:
A. One bedroom having a minimum habitable floor area of 100 square feet and a minimum width
of eight feet.
B. One other room having a minimum habitable floor area of 100 square feet and a minimum
width of eight feet.
C. One other room having a minimum habitable floor area of 150 square feet and a minimum
width of ten feet.
D. One kitchen having a minimum habitable floor area of ninety square feet.
E. One room providing toilet and bath facilities containing at least a water closet, lavatory and tub
or stall shower, the fixtures in which room shall be arranged so as to provide at least a ninety degree door
swing, and which room or rooms shall have a minimum width of at least three feet.
F. Such other closets and dressing rooms as may be incidental to the dwelling.
G. If a breakfast room is provided, it shall have a minimum habitable floor area of fifty square
feet.
H. No utility room shall be used as a garage.
I. No space in the minimum habitable floor area shall be used as an open or enclosed porch or
garage, or used as a storage space, except for the storage of fuel in the basement.
(12) In any multiple dwelling hereafter erected, each dwelling unit shall contain not less then 500
square feet of floor area having a clear ceiling height of not less than seven feet six inches.
(13) Any dwelling unit produced by the remodeling or other alteration of any existing multiple
dwelling shall likewise meet the requirements of subsection (b)(12) hereof.
(14) Each dwelling unit in any multiple-family dwelling, resulting from new construction or from
remodeling or alteration of any existing multiple-family dwelling, shall contain at least the following rooms:
A. One bedroom having a minimum habitable floor area of 100 square feet and minimum width
of eight feet.
B. One other room having a minimum habitable floor area of 150 square feet and a minimum
width of ten feet.
C. The requirements of subsection (b)(12) and (13) shall be deemed to have been complied with if
such dwelling units contains an area of at least 230 square feet, having a minimum width of ten feet and
designed for combined use as living and sleeping area.
D. One kitchen, one breakfast room, or one kitchenette and breakfast room combined as one
room, each of such rooms having a minimum habitable floor area of fifty square feet.
E. One room providing toilet and bath facilities, containing at least a water closet, lavatory and
tub or stall shower, the fixtures in which room shall be arranged so as to provide at least a ninety degree
door swing, and which room or rooms shall have a minimum width of at least three feet.
F. Such dwelling unit may also contain such closets, dressing rooms, entrance foyers and similar
areas as may be incident to the dwelling unit. The areas or dimensions of any of these accessory spaces
shall not be added to the areas or dimensions of any other rooms provided for in this section, when
calculating minimum areas or dimensions of such other rooms.
(b) Basement of Cellar Occupancy. Except as modified herein, no basement or cellar space shall be
used as a sleeping room, dwelling unit or rooming unit unless it meets all standards as set forth in this
Housing Code and meets the following additional requirements:
(1) The floor and walls shall be impervious to leakage or seepage of underground or surface water
and shall be well drained and protected against dampness.
(2) The total window area and operable window area of each room so used shall meet the
requirements of Sections 1331.08(a) and (b) respectively.
(3) Access can be gained to each room so used without passage through a furnace room.
(4) Each room so used shall have no pipes, ducts or other obstructions less than six feet and six
inches above the floor level which interfere with normal use of the room or area.
(5) Each room so used shall be separated from the heating equipment, incinerators, or other equally
hazardous equipment by a standard partition when required by, and as specified in, the Grandview Heights
Building Code.
(c) Location of Rooms.
(1) A bathroom or water closet compartment shall not be used as the only passageway to any
habitable room, hall, basement or cellar or to the exterior of the dwelling unit.
(2) Each dwelling unit shall have its own separate bath facility.
(3) Access to or egress from each rooming unit shall be provided without passing through any other
rooming unit or dwelling unit.
(d)
Communal Kitchen. Communal kitchens are prohibited.
(Ord. 89-21. Passed 5-1-89.)
1331.12 RESPONSIBILITY OF OWNERS OCCUPANTS.
(a) Responsibility of Owner. Responsibility of owners and occupants include, but are not limited to,
the following areas:
(1) Access to unit. Every owner of a dwelling or dwelling unit shall give the occupant thereof
twenty-four hours advance notice before entering for the purpose of making necessary repairs, alterations, or
maintenance inspections.
(2) Garbage disposal and rubbish storage. Every owner of a dwelling or dwelling unit shall provide
and maintain adequate garbage disposal and rubbish storage receptacles for dwellings containing four or
more dwelling units or a suitable location for these receptacles for dwellings containing one, or three
dwelling units.
(3) Plumbing. The owner shall provide and maintain all water-heating and plumbing facilities as
required by this Code.
(4) Electrical. The owner shall provide and maintain all electrical power lines, outlets, fixtures, and
other facilities required by this Code and is responsible for proper fusing.
(5) Pest elimination. The owner is responsible for elimination of any insects, rats, or other pests in
a dwelling containing two or more dwelling units and on the premises thereof. He is also responsible
whenever the infestation is caused by improper rat-proofing of the premises.
(6) Clean and sanitary maintenance. The owner of a dwelling containing two or more dwelling units
shall be responsible for maintaining in a clean and sanitary condition the shared or common areas of the
dwelling and the premises thereof.
(7) Fire prevention. The owner is responsible for fire prevention requirements under Section
1331.09(i).
(8) Rat-proofing. The owner shall maintain a dwelling in a rat-proof condition under the
requirements in Section 1331.09(j).
(9) Space requirements. No owner shall knowingly let any dwelling or dwelling unit for occupancy
which does not meet the minimum requirements for flood space and occupancy as set by this Code.
(10) Other requirements. The owner shall provide and maintain all required screening except where
there is a written agreement between the owner and the occupant which places this responsibility on the
occupant.
(11) Every owner of a dwelling shall provide to each tenant in writing and post by the fuse box,
heating equipment, mailbox or other obvious central location in each dwelling his name, address, and
business and residence telephone numbers or those of his agent or resident manager to whom he assigns
responsibility for the maintenance of the dwelling. A post office box number shall be unacceptable for the
address requirement of this provision.
(12) Every owner shall be responsible for compliance with the standards set forth in this Code except
those sections specifically designated to the occupant.
(b)
Responsibility of Occupant.
(1) Access to unit. Upon reasonable advance notice every occupant or person in control of a
dwelling or dwelling unit shall give the owner thereof access to any part of such dwelling or dwelling unit for
the purpose of making necessary repairs, alterations, or maintenance inspections.
(2) Garbage disposal and rubbish storage. The occupant of dwellings containing one, two or three
dwelling units shall provide and maintain adequate garbage disposal and rubbish storage receptacles.
(3) Plumbing. The occupant shall keep all plumbing fixtures such as toilets, basins and sinks in a
clean and sanitary condition and avoid the deposit of any material which may obstruct and interfere with the
proper function thereof.
(4) Electricity. The occupant is responsible for proper usage of all internal electrical power lines,
outlets, fixtures, other facilities required by this Code, proper extension cord usage, and proper fusing.
(5) Heating. The occupant shall regulate the heating facilities to maintain above freezing
temperatures at all times in all portions of the dwelling or dwelling unit within the functional capability of the
equipment whenever these heating facilities of the dwelling or dwelling unit are under his control.
(6) Pest elimination. The occupant is responsible for elimination of any insects, rats, or other pests
within that part of the premises occupied and controlled by him in a single family dwelling or in a dwelling
containing two or more dwelling units if his unit is the only one infested unless infestation of the premises
was caused by the improper rat-proofing.
(7) Clean and sanitary maintenance. Every occupant of a dwelling or dwelling unit and premises
thereof which he occupies and controls shall keep the same in a clean and sanitary condition. In two family
and row units, the yard area extending from the structure to the front and the rear which is adjacent and
contiguous to each unit shall be construed to be the responsibility of the occupant of that unit. Clean and
sanitary maintenance shall include, but not be limited to, keeping all floors and walking surfaces free of dirt,
filth, garbage, human and animal waste, litter, refuse and other unsanitary matter and keeping all walls,
ceilings, windows and doorways clean and free of dirt, greasy film, soot and other unsanitary matter. Every
occupant of a dwelling or dwelling unit shall dispose of all his rubbish, garbage and ashes in the receptacles
provided. Discarded or abandoned articles of such bulk as to preclude disposal in such receptacles shall be
conveyed by the occupant to an appropriate municipal or approved private disposal area.
(8) Fire prevention. Every occupant of a dwelling or dwelling unit is responsible for fire prevention
requirements regarding storage of flammable liquids and storage of materials as covered under Section
1331.09(i).
(9) Rat-proofing. Where it is determined that rat infestation exists, no occupant of a dwelling or
dwelling unit shall stack materials on the exterior of the premises, against the structure or any accessory
structure or stack any materials unless such stack is elevated twelve inches from the ground.
(10) Space requirements. Every occupant shall limit occupancy of that part of the premises which
he occupies or controls to the maximum permitted by this Code.
(11) Other requirements. The occupant of any dwelling or dwelling unit shall not obstruct in any
manner any required means of egress.
(12) Willful destruction. The occupant of any dwelling or dwelling unit shall not willfully destroy,
deface, damage, impair or remove from the premises any of the facilities, equipment, appurtenances or any
part of the structure thereof.
(13) Storage of medicines, poisons, etc. The occupant of a dwelling or dwelling unit is responsible
for storing all medicines, cleaning fluids, poisons, and other household chemicals in a locked cabinet or by
other means so as to make these substantially inaccessible to children.
(Ord. 89-21. Passed 5-1-89.)
CHAPTER 1335
Nonresidential Standards
1335.01
1335.02
1335.03
1335.04
1335.99
Title, purpose and scope.
Definitions.
Maintenance requirements.
Enforcement.
Penalty.
CROSS REFERENCES
Basic Building Code standards - see BLDG. Ch. 1301
Unsafe buildings - see BLDG. Ch. 1317
Residential housing regulations - see BLDG. Ch. 1331
1335.01 TITLE, PURPOSE AND SCOPE.
(a) Title. This chapter shall be known and may be cited and referred to as the "Nonresidential
Standards Ordinance of the City of Grandview Heights, Ohio."
(b) Purpose. Within the scope of this chapter as hereinafter defined, the purpose of this chapter is to
establish minimum standards necessary to make all nonresidential structures and premises safe, sanitary, free
from fire and health hazards, fit for human occupancy and beneficial to the public welfare; to establish
minimum standards governing the maintenance of nonresidential structures in such condition as will not
constitute a blighting or deteriorating influence on the neighborhood and the community; to fix
responsibilities for owners and occupants of nonresidential structures with respect to sanitation, repair and
maintenance; to authorize the inspection of nonresidential structures; to establish enforcement procedures; to
authorize the vacation or condemnation of nonresidential structures unsafe or unfit for human occupancy and
to fix penalties for violations.
(c) General Scope. The provisions of this chapter shall be supplementary to all other provisions of the
ordinances of the City relating to the construction, use and maintenance of nonresidential structures and
premises and shall apply to all structures or portions thereof which are used or designed or intended to be
used for nonresidential occupany.
(d) Existing Structures. Existing structures or portions thereof presently used for nonresidential
purposes may continue to be occupied for nonresidential purposes if:
(1) The structure complies with the provisions of this chapter except as to any variance heretofore
specifically granted by the City, and
(2) The use and occupancy of the structure is not in violation of any of the provisions of the
ordinances of the City and applicable statutes of the State, including any rules and regulations adopted
pursuant to such ordinances or statutes.
(e) Conflict. In the event of conflict between any provisions of this chapter relating to nonresidential
structures and premises, including any rules and regulations adopted pursuant to this ordinance, and any
provisions of the ordinances of the City, including any rules and regulations adopted pursuant to such
ordinances, the provisions of this chapter shall prevail.
(f) Severability. Sections and subsections of this ordinance and the several parts and provisions thereof
are declared to be independent sections, subsections, parts and provisions, and the holding of any such
section, subsection, part or provisions thereof to be unconstitutional, void or ineffective for any cause shall
not affect nor render invalid any other such section, subsection, part or provision thereof.
(Ord. 15-79 Passed 7-9-79.)
Certain words and phrases as used or found in this chapter are defined, for the purpose of this chapter, as
hereafter set forth in this section.
(a) "Architectural Board" means the Architectural Board of the City of Grandview Heights, as created
and existing under the provisions of the City Zoning Ordinance.
(b) "Building Ordinance" means the Building Ordinance of the City of Grandview Heights, Ohio.
(c) "Certificate of Occupancy" means the Certificate of Occupancy required by the City Zoning
Ordinance.
(d) "Director of Building and Zoning" means the Director of Building and Zoning of the City of
Grandview Heights, Ohio.
(e) "Dwelling" means a structure or portion of a structure designed for or used for human habitation.
(f) "Owner" means any person who alone, jointly or severally with others shall be in actual possession,
have charge, care or control of, any building, premises, or vacant lot within the City as owner, agent,
occupant or operator, whether individual, firm, partnership, or corporation, or as trustee or guardian of the
estate or person of the title holder, and shall include the owner of record as reflected by the most recent
transaction in the County Recorder' s office.
(g) "Plumbing" means all provided gas pipes and gas burning equipment, waste pipes, water closets,
sinks, lavatories, bathtubs, catch basins, drains, vents, and any other provided fixtures together with the
connections to the water, sewer or gas lines.
(h) "Structure, nonresidential" means a structure or part thereof which is used for other than residential
purposes and, where applicable, the premises on which such structures are situated.
(i) "Structure, secondary" means a structure incidental to the main use of the premises such as sheds,
garages, storage building, barns, tanks, etc.
(j) "Structure, substandard" means all structures used for nonresidential purposes which do not conform
to the minimum standards established by this chapter.
(k) "Unsafe" as applied to a structure, is a condition or combination of conditions liable to be a danger
or hazard to the life, safety or health persons occupying it or frequenting it or of the public and in danger of
settlement, movement, disintegration or collapse, whether such danger arises from the method or materials of
its construction or from equipment installed therein for the purposes of lighting, heating, the transmission or
utilization of electric current, or from obsolescense or deterioration, or from its location or otherwise.
(l) "Unsanitary" as applied to a structure, means liable to be a danger or hazard to the health of persons
occupying or frequenting it, or to the public, if such danger arises from the method or materials of its
construction, or from equipment installed therein for the purposes of lighting, heating, ventilation or
plumbing, or from existing conditions liable to cause rat infestation, vermin infestation, accumulations of
trash or debris in the building, yards or accessory structures on the premises.
(m) "Unusable" means any nonresidential structures or part thereof or any fixture or facility required
therein, not in such physical condition as to safely perform the service or services for which it is designed or
intended.
1335.03 MAINTENANCE REQUIREMENTS.
(a) Owner' s Duty. The owner of a nonresidential strucutre or premises shall maintain such structure or
premises in compliance with this chapter.
(b) Appurtenant Equipment and Facilities. All equipment and facilities appurtenant to the main
structure shall be maintained in good and safe working order.
(c) Secondary Structures. All secondary structures shall either be maintained in good repair and free
from health, accident and fire hazards or shall be removed from the premises.
(d)
Vacant Structures.
(1) A vacant structure which has been used or is intended to be used, in whole or in part, as a
nonresidential structure shall comply with the terms and conditions set forth in this chapter.
(2) Owners of vacant nonresidential structures, which have been deemed by the Director of Building
and Zoning as detrimental to the health and safety of persons in or about such structures, shall cause all
exterior doors and windows to be locked and secured at all times, as directed by the Director of Building and
Zoning, in order to prevent entrance to such vacant building by any trespasser.
(e) Exterior Property Areas. Exterior property areas of all premises shall be kept free of any debris,
object, material or condition which may create a health, accident or fire hazard, or which is a public
nuisance, or which constitutes a blighting or deteriorating influence on the neighborhood.
(f) Identification of Structures. Each main structure must be identified with permanent numerals or
letters placed on the front entrance to such structure.
(g)
Trees and Landscaping.
(1) All trees, bushes or vegetation which overhang a public entrance shall be trimmed so as not to
obstruct the movement of pedestrians or vehicles.
(2) All areas which are subject to the blowing of dust shall be treated so as to prevent the blowing of
dust.
(3) All holes, pits, ditches and excavations shall be filled, covered, or fenced in such a manner as to
prevent injury to persons on premises.
(h) Sidewalks and Driveways. All sidewalks and driveways used as a public entrance shall be kept in a
proper state of repair and free from snow, ice, mud and other debris. If any sidewalk or driveway or
portion thereof, by virtue of its state of repair, shall constitute a danger to public health and safety, the
sidewalk or driveway or portion thereof shall be replaced.
(i) Drainage. All portions of premises shall be so graded that there is no pooling of water. All
condensation and waste cooling water shall be discharged to the sewer system and shall not discharge to the
ground surface.
(j) Storage Areas. All open storage, if found by the Architectural Board to be in conflict with the
purpose of this chapter or the intent and purpose of the City Zoning Ordinance shall be screened from
surrounding property as determined by the Architectural Board in the reasonable application of its purpose as
defined in the Zoning Ordinance.
(k) Areas for Vehicles. All areas of premises designed or used for loading, unloading, servicing,
travel or parking of vehicles shall be paved with bituminous, concrete or equivalent surfacing and shall be
free from dirt and other litter and kept in good repair. When lighted for nighttime use, lights shall not be
permitted to cast their direct light upon dwellings nearby.
(l)
Exterior Walls and Features.
(1) All exterior walls of every structure shall be maintained weathertight and shall be maintained so
as to resist decay or deterioration from any cause.
(2) Any structure, the exterior surface of which is bard, deteriorated, ramshackle, tumble-down,
decaying, disintegrating or in poor repair shall be repaired or razed.
(3) All buckled, rotted or decayed walls, doors, windows, porches, floors, steps, railings, trim and
their missing members shall be replaced and put in good condition.
(4) All repairs and replacements must match and conform to the original design.
(5) All exterior wood or unfinished surface shall be sealed and painted, or the surface covered with
other approved protective coating or treated to prevent rot and decay and provide protection against the
weather.
(6) All walls shall be maintained so as to carry the actual dead and live loads and shall be maintained
plumb and free from open cracks and breaks, so as not to be detrimental to public safety and welfare.
(m) Foundations.
(1) All foundations shall be maintained so as to carry the actual dead and live loads and shall be
maintained plumb and free from open cracks and breaks, so as not to be detrimental to public safety and
welfare.
(2) All foundations of every structure shall be maintained in such condition as to prevent the
accumulation of moisture within the space enclosed within such foundations.
(3) All openings into the foundations of every structure shall be protected against the entrance of
rodents.
(n) Roofs, Gutters and Downspouts. All roofs of every structure shall be maintained weathertight and
shall be equipped with gutters and downspouts connected to the appropriate curb and gutter or public storm
sewer system.
(o) Chimneys, Smokestacks, etc. All chimneys, cooling towers, smokestacks, and similar
appurtenances shall be maintained plumb and free from open cracks and breaks in a structurally safe and
sound condition, and all exposed surfaces of metal or wood shall be protected against decay.
(p) Cornices, Entablatures and Belt Courses. All cornices, entablatures, belt courses, corbels,
terra-cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper
anchorage and in a safe condition.
(q) Signs, Marquees, Awnings and Overhang Appurtenances. All canopies, marquees, signs, metal
awnings, stairways, fire escapes, stand pipes, exhaust ducts, and similar overhang extensions shall be
maintained in good repair and shall be properly anchored so as to be in a safe and sound condition. They
shall be protected against decay and rust by the periodic application of a weather-coating material such as
paint or other protective treatment.
(r)
Fences. All fences shall be kept in a good state of repair, maintenance and appearance.
(s) Access Between Rooms and Floors. Stairways, escalators, elevators, passageways and similar
means of access between rooms and floors of nonresidential structures shall be maintained in a safe and
sound condition, free of obstructions and capable of providing for the traffic load for proper ingress and
egress. They shall be provided in sufficient number and location as to meet the maximum travel load, fire
protection standards and provisions of the Building Ordinance of the City of Grandview Heights, Ohio.
(t) Stairways and Entrances. All stairways and entrances shall be kept in good state of repair and
structurally sound and properly lighted and shall be protected against decay and rust by periodic application
of a weather-coating material or other protective treatment.
(u) Structural Members. All supporting structural members of all nonresidential structures shall be
kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads
imposed upon them.
(v) Floors. Floors shall be maintained structurally sound and capable of supporting the actual loads
without undue deflection. They shall be maintained at all times in a condition so as to be smooth, level,
clean and free of breaks, cracks or other unsafe condition.
(w) Walls and Ceilings. The interior walls and ceilings of all nonresidential structures shall be kept
structurally sound, capable of safely supporting the actual loads upon them, free of cracks, breaks, loose
plaster or covering and shall be maintained in a clean, safe and sanitary condition.
(x)
Windows.
(1) All windows exposed to public view shall be kept clean and in a state of good reapir.
(2) No storage of materials, stock or inventory shall be permitted in window display areas or other
areas ordinarily exposed to public view unless such areas are first screened from the public view by drapes,
venetian blinds or other method of rendering the windows opaque to the public view. All such screening
shall be maintained in a clean condition and in a good state of repair.
(y) Basements and Basement Rooms. All basements and basement rooms shall be maintained
damp-proof and dry. Floors shall be of concrete and proper drainage shall be provided to prevent
back-flooding. Such space or rooms, if regularly occupied by persons, shall be provided with sufficient
light, ventilation and sanitation so as not to endanger health and safety.
(z) Toilet Facilities. All toilet facilities and toilet rooms shall be kept neat and clean at all times.
Toilet room walls and ceilings shall be provided with a smooth surface and where paint is used as the surface
coating, it shall be maintained and painted as is necessary for cleanliness.
(aa) Aisleways and Exits. All aisleways and exits shall be maintained in a safe and sound condition
free of obstruction.
(bb) Lighting.
(1) Lighting of public or common areas, all public hallways, corridors and stairways, shall be
provided with natural or artificial illumination equal to at least three footcandles in every part of such area.
(2) All other common areas, such as boiler rooms, laundries, basements, locker rooms, meter rooms
and cellars, shall be provided with electrical lighting facilities which, when lighted will provide illumination
equal to at least three footcandles on every part of such area.
(3) The Director of Building and Zoning shall have the authority to increase the requirements of
subsections (1) and (2) hereof, if the degree of reflected light is not, in his opinion, adequate for safety.
(cc)
Plumbing. All plumbing and plumbing fixtures shall be maintained in a safe and usable condition.
(dd) Heating.
(1) Heating devices and installations shall be maintained in a safe condition.
(2) When persons are employed in duties and operations in an enclosed space or room and not
engaged in active physical activity, sufficient heat shall be provided to maintain a temperature of not less than
70o during normal working hours.
(ee) Ventilation.
(1) Natural or artificial means of ventilation shall be provided to insure a comfortable and healthful
atmosphere throughout the establishment.
(2) No person shall construct, maintain or operate pipes, ducts, conductors, fans or blowers
discharging gases, steam vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes so as to
discharge directly upon the property of another.
(ff) Limit on Toxic Atmosphere.
(1) Injurious, toxic, irritating or noxious fumes, dusts, gases or mists shall be prevented from
reaching a concentration whereby toxic effects to persons exposed may arise, nor shall the Threshold Limit
as defined in this section be exceeded.
(2) "Threshold Limit" means the maximum average concentration of contaminating substance in the
atmosphere which can be tolerated by man with no bodily discomfort or impairment of bodily functions,
either immediately or after years of exposure.
(3) If in the judgment of the Health Commissioner of the City of Grandview Heights, Ohio, the
Threshold Limits and their interpretations adopted by the American Conference of Governmental Industrial
Hygienists are reasonable, such may be used in the enforcement of this chapter.
(4) Where reduction of contaminating substances in the atmosphere to below the Threshold Limit is
impossible because of the nature of the process which produces them suitable protective clothing and devices
shall be provided to persons exposed thereto.
(gg) Air Conditioning.
(1) All air conditioners which are installed and operated directly over a public sidewalk shall be
equipped with proper devices for the prevention of condensation drainage upon the sidewalk.
(2) No air conditioner installed over the public sidewalk within ten feet above grade shall extend
more than twelve inches over such sidewalk.
(3) No air conditioner installed over an alley or street within fourteen feet above grade shall extend
more than twelve inches over such alley or street.
(4) All air conditioners shall be maintained in a safe condition.
(Ord. 15-79. Passed 7-9-79.)
1335.04 ENFORCEMENT.
(a) Inspection and Right of Entry.
(1) The Director of Building and Zoning is authorized to make or cause to be made inspections of all
nonresidential structures or premises and all secondary structures to determine whether such structures or
premises conform to the provisions of this chapter.
(2) For the purpose of making such inspections the Director of Building and Zoning is authorized to
enter, examine and survey of all reasonable times all nonresidential structures, premises and secondary
structures. The owner of every such structure or premises shall give the Director of Building and Zoning
free access to such structures or premises of all reasonable time for the purpsoe of such inspection.
(b) Notice of Violation.
(1) Whenever the Director of Building and Zoning shall find any nonresidential structure, premises
or secondary structure, or any part thereof, to be in violation of the provisions of this chapter, he shall give
or cause to be given or mailed by registered mail to the owner of such structure or premises a written notice
stating the violation therein. Such notice shall order such owner, within stated reasonable time, to repair,
improve correct or demolish such structure or premises. Such delivery or mailing shall be deemed legal
service of notice.
(2) If the person to whom a notice of violation is addressed cannot be found within Franklin County
after a reasonable and diligent search, then notice shall be sent by registered mail to the last known address
of such person and a copy of such notice shall be posted in a conspicuous place on the structure or premises
to which it relates. Such mailing and posting shall be deemed legal service of notice.
(c)
Noncompliance with Notice.
(1) Whenever the owner of a structure or premises fails, neglects or refuses to comply with any
notice of the Director of Building and Zoning, the Director shall issue a notice to such owner ordering the
structure or premises, or part thereof, to be vacated within such time as shall be stated in such notice, but
which shall be not less than ten days, except in cases of emergency, he may advise the City Attorney to
institute an appropriate action at law to compel compliance or both. Such notice shall be delivered, mailed
or posted in the same manner as provided in subsection (b) hereof.
(2) Whenever the owner of a structure or premises fails, neglects or refuses to comply with a notice
to vacate issued by the Director of Building and Zoning, the Director may enforce the orders of such notice
of vacation and cause the structure or premises, or part thereof, to be vacated in accordance with the terms of
such notice.
(3) Whenever the owner of a structure fails, neglects or refuses to comply with a notice to demolish
such structure, or a part thereof, or a secondary structure issued in accordance with the provisions of this
chapter, and when such structure is determined by the Director of Building and Zoning to constitute a public
nuisance in that it is dangerous or injurious to the public health, safety and welfare, the Director of Building
and Zoning may request the City Attorney to institute legal proceedings or to take such other action as may
be necessary to abate the nusiance. The Director of Building and Zoning shall further give notice informing
the owner of such determination and action. Such notice shall be given in the same manner as provided in
subsection (b) hereof.
(d) Cases of Emergency. Whenever, in the opinion of the Director of Building and Zoning, the
condition of a structure or premises, or part thereof, constitutes an immediate hazard to human life or health,
he shall declare a case of emergency and shall order immediate vacation of the structure or premise, or part
thereof. Such notice shall be served in the manner provided in subsection (b) hereof, and shall require
immediate compliance.
(e) Placards. Whenever the Director of Building and Zoning orders a structure or premises, or part
thereof, to be vacated, he shall cause to be posted at each entrance to such structure or premises, or part
thereof, a placard ordering such vacation. No person shall deface or remove such placard until the repairs
or demolition are completed, without written permission of the Director of Building and Zoning. No person
shall enter or use any structure or premises so placarded except for the purpose of making the required
repairs or demolishing the structure or premises.
(f)
Expenses and Costs.
(1) Any expense or cost incurred under the provisions for demolition contained in this chapter shall
be paid by the owner of the structure or premises.
(2) If expenses and costs of demolition are not paid by the owner of the structure or premises within
thirty days after written notice from the City to do so, the expenses and costs may be recovered by an action
at law or may be assessed against the lands of the owner and shall become a lien thereon, and shall be
collected in the manner provided by law for assessments.
(g)
Rules and Regulations.
(1) The Director of Building and Zoning is authorized to adopt such written rules and regulations as
may be necessary for the proper interpretation and enforcement of this chapter. Such rules and regulations
shall not conflict with or waive any provision of this chapter or any other ordinance of the City. Such rules
and regulations shall be submitted to the Board of Zoning Appeals, for approval and no such rule or
regulation shall be adopted without such approval.
(2) Such rules and regulations, upon approval of such Board of Zoning Appeals shall be on file with
the Director of Building and Zoning and at City Hall for public examination. Each rule and regulation shall
be posted, as ordinances are posted, upon its original adoption and approval by the Board.
(h) Appeal. The owner of a structure or premises shall have the right to appeal to the Board of Zoning
Appeals of the City from any order of, or written notice issued by, the Director of Building and Zoning,
within thirty days from the date such order was issued or notice was given or mailed, and to appear before
the Board at a time and place fixed by the Board, to show cause why he should not comply with such order
or notice. Such appeal must be in writing. Failure to file a written appeal with the Board within the time
prescribed herein shall constitute a waiver of the right to appeal. Except in cases of emergency, as set forth
in subsection (d) hereof, the filing of an appeal from any such order or notice shall suspend action on
enforcement of such order or notice until the appeal is acted upon by the Board.
(i)
Certificate of Occupancy. The Certificate of Occupancy required by the City Zoning Ordinance.
(j) Posting of Certificate. The Certificate of Occupancy shall be posted in a conspicuous place on the
premises and shall not be removed except by the Director of Building and Zoning.
(k)
Fees.
(1) An application for a Certificate of Occupancy shall be accompanied by a nonrefundable fee of
two dollars ($2.00) for each unit. However, the fee for any one building shall not exceed fifty dollars
($50.00).
(2) The fee for a Certificate of Occupancy issued after June 30 of any year for the remainder of such
calendar year shall be nonrefundable and shall be one dollar ($1.00) for each unit. However, the fee for any
one building shall not exceed twenty-five dollars ($25.00).
1335.99 PENALTY.
(a) Any person, firm or corporation, violating any of the provisions of this chapter, or any amendment
or supplement thereto, shall be deemed guilty of a minor misdemeanor and, upon conviction thereof, shall be
fined not more than one hundred dollars ($100.00). Upon conviction of a subsequent violation of the same
provision within one year when the same is so specified in the complaint, shall be guilty of a misdemeanor of
the third degree and fined not more than five hundred dollars ($500.00) or imprisoned in the county jail or
workhouse for a period not to exceed sixty days or both.
(b) The imposition of any penalty, as provided for in this chapter shall not preclude the City Attorney
from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful
repair or maintenance, to restrain, correct or abate a violation, to prevent the occupancy of a building
structure or premises, to require compliance with the provisions of this chapter or other applicable laws,
ordinances, rules or regulations, or the order or determinations of the Director of Building and Zoning or the
CHAPTER 1339
Flood Damage Prevention
1339.01
1339.02
1339.03
1339.04
1339.05
1339.06
General provisions.
Definitions.
Administration.
Use and development standards for flood hazard reduction.
Appeals and variances.
Enforcement.
CROSS REFERENCES
Basis of zoning districts - see Ohio R.C. 713.10
Levees - see Ohio R.C. 717.01
Construction permits and prohibitions for dams, dikes, or levees - see Ohio R.C. 1521.06
Reduction of assessed valuation for establishing reservoirs - see Ohio R.C. 1521.09
Marking flood areas - see Ohio R.C. 1521.14
Ohio Water Commission - see Ohio R.C. 1525.01 et seq.
Conservancy districts, purpose - see Ohio R.C. 6101.04
1339.01 GENERAL PROVISIONS.
(a) Statutory Authorization. Article XVIII, Section 3, of the Ohio Constitution grants municipalities
the legal authority to adopt land use and control measures for promoting the health, safety, and general
welfare of its citizens. Therefore, the City of Grandview Heights, State of Ohio, does ordain this Chapter.
(b) Findings of Fact. The City of Grandview Heights has special flood hazard areas that are subject to
periodic inundation which may result in loss of life and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary public expenditures for flood protection and relief, and
impairment of the tax base.
(c) Statement of Purpose. It is the purpose of these regulations to promote the public health, safety and
general welfare, and to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken
at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located in areas of special flood hazard;
(6) Help maintain a stable tax base by providing for the proper use and development of areas of
special flood hazard so as to protect property and minimize future flood blight areas;
(7) Ensure that those who occupy the areas of special flood hazard assume responsibility for their
actions;
(8) Minimize the impact of development on adjacent properties within and near flood prone areas;
(9) Ensure that the flood storage and conveyance functions of the floodplain are maintained;
(10) Minimize the impact of development on the natural, beneficial values of the floodplain;
(11) Prevent floodplain uses that are either hazardous or environmentally incompatible; and
(12) Meet community participation requirements of the National Flood Insurance Program.
(d) Methods of Reducing Flood Loss. In order to accomplish its purposes, these regulations include
methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water
hazards, or which result in damaging increases in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected
against flood damage at the time of initial Construction;
(3) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers,
which help accommodate or channel flood waters;
(4) Controlling filling, grading, dredging, excavating, and other development which may increase
flood damage; and
(5) Preventing or regulating the construction of flood barriers that will unnaturally divert flood
waters or which may increase flood hazards in other areas.
(e) Lands to Which These Regulations Apply. These regulations shall apply to all areas of special
flood hazards within the jurisdiction of the City of Grandview Heights as identified in Section 1339.01(f),
including any additional areas of special flood hazard annexed by the City of Grandview Heights.
(f) Basis for Establishing the Areas of Special Flood Hazard. For the purposes of these regulations, the
following studies and/or maps are adopted:
(1) FEMA Flood Insurance Rate Map for Franklin County and Incorporated Areas and Flood
Insurance Study for Franklin County and Incorporated Areas dated March 16, 2004.
(2) Any hydrologic and hydraulic engineering analysis authored by a registered Professional
Engineer in the State of Ohio that has been approved by the City of Grandview Heights as required by
Section 1339.04(c) “Subdivisions and Large Scale Developments.” Any revisions to the aforementioned
maps and/or studies are hereby adopted by reference and declared to be a part of these regulations. Such
maps and/or studies are on file at the City of Grandview Heights, Department of Building and Zoning, 1016
Grandview Avenue, Columbus, Ohio 43212.
(g) Abrogation and Greater Restrictions. These regulations are not intended to repeal any existing
ordinances including subdivision regulations, zoning or building codes. In the event of a conflict between
these regulations and any other ordinance, the more restrictive shall be followed. These regulations shall not
intend to impair any deed restriction covenant or easement but the land subject to such interests shall also be
governed by the regulations.
(h) Interpretation. In the interpretation and application of these regulations, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under State statutes. Where a
provision of these regulations may be in conflict with a State or Federal law, such State or Federal law shall
take precedence over these regulations.
(i) Warning and Disclaimer of Liability. The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or
natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses
permitted within such areas will be free from flooding or flood damage. These regulations shall not create
liability on the part of the City of Grandview Heights, any officer or employee thereof, or the Federal
Emergency Management Agency, for any flood damage that results from reliance on these regulations or any
administrative decision lawfully made hereunder.
(j) Severability. Should any section or provision of these regulations be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any
part thereof other than the part so declared to be unconstitutional or invalid.
(Ord. 04-05. Passed 2-17-04.)
Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to
give them the meaning they have in common usage and to give these regulations the most reasonable
application.
(a) “Accessory Structure” means a structure on the same lot with, and of a nature customarily incidental
and subordinate to, the principal structure or use and which is located on the same lot with such principal
structure or use.
(b) “Appeal” means a request for review of the floodplain administrator’s interpretation of any
provision of these regulations or a request for a variance.
(c) “Base Flood” means the flood having a one percent (1%) chance of being equaled or exceeded in
any given year. The base flood may also be referred to as the one percent (1%) chance annual flood or
one-hundred (100) year flood.
(d) “Base (100-Year) Flood Elevation (BFE)” means the water surface elevation of the base flood in
relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the Northern
American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO
areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
(e) “Basement” means any area of the building having its floor subgrade (below ground level) on all
sides.
(f) “Development” means any manmade change to improved or unimproved real estate, including but
not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
(g) “Enclosure Below the Lowest Floor” see “Lowest Floor”.
(h) “Executive Order 11988 (Floodplain Management)” issued by President Carter in 1977, this Order
requires that no federally assisted activities be conducted in or have the potential to affect identified special
flood hazard areas, unless there is no practicable alternative.
(i) “Federal Emergency Management Agency (FEMA)” means the agency with the overall
responsibility for administering the National Flood Insurance Program.
(j) “Fill” means a deposit of earth material placed by artificial means.
(k) “Flood” or “Flooding” means a general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1) The overflow of inland or tidal waters, and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
(l) “Flood Hazard Boundary Map (FHBM)” means an initial map produced by the Federal Emergency
Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting
approximate special flood hazard areas.
(m) “Flood Insurance Rate Map (FIRM)” means an official map on which the Federal Emergency
Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of
special flood hazard.
(n) “Flood Insurance Risk Zones” means zone designations on FHBMs and FIRMs that indicate the
magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:
(1) Zone A: Special flood hazard areas inundated by the 100-year flood; base flood elevations are
not determined.
(2) Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood; base
flood elevations are determined.
(3) Zone AO: Special flood hazard areas inundated by the 100-year flood; with flood depths of 1 to
3 feet (usually sheet flow on sloping terrain); average depths are determined.
(4) Zone AH: Special flood hazard areas inundated by the 100-year flood; flood depths of 1 to 3
feet (usually areas of ponding); base flood elevations are determined.
(5) Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the
100-year flood by a Federal flood protection system under construction; no base flood elevations are
determined.
(6) Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with
average depths of less than 1 foot or with contributing drainage areas less than 1 square mile; and areas
protected by levees from the base flood.
(7) Zone C and Zone X (unshaded): Areas determined to be outside the 500- year floodplain.
(o) “Flood Insurance Study (FIS)” means the official report in which the Federal Emergency
Management Agency has provided flood profiles, floodway boundaries and the water surface elevations of
the base flood.
(p) “Flood Protection Elevation (FPE)”is the base flood elevation plus one and one half (1-1/2) feet of
freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection
elevation can be historical flood elevations, or base flood elevations determined and/or approved by the
floodplain administrator.
(q) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that have
been reserved in order to pass the base flood discharge. A floodway is typically determined through a
hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation
of the base flood discharge is no more than a designated height. In no case shall the designated height be
more than one half (1/2) foot at any point within the community.
The floodway is an extremely hazardous area, and is usually characterized by any of the
following: Moderate to high velocity flood waters, high potential for debris and projectile
impacts, and moderate to high erosion forces.
(r) “Freeboard” means the factor of safety usually expressed in feet above a flood level for the purposes
of floodplain management. Freeboard tends to compensate for the many unknown factors that could
contribute to flood heights greater than the height calculated for a selected size flood and floodway
conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect
of urbanization in a watershed.
(s) Historic Structure” means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S.
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the
requirements for individual listings on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the Secretary to
qualify as a registered historic district; or
(3) Individually listed on the State of Ohio’s inventory of historic places maintained by the Ohio
Historic Preservation Office.
(t) “Hydrologic and hydraulic engineering analysis” means an analysis performed by a professional
engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by
FEMA, used to determine flood elevations and/or floodway boundaries.
(u) “Letter of Map Change (LOMC)” means an official FEMA determination, by letter, to amend or
revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance
Studies. LOMC’s are broken down into the following categories:
• Letter of Map Amendment (LOMA) means a revision based on technical data showing
that a property was incorrectly included in a designated special flood hazard area. A LOMA
amends the current effective Flood Insurance Rate Map and establishes that a specific property
is not located in a special flood hazard area.
• Letter of Map Revision (LOMR) means a revision based on technical data that, usually
due to manmade changes, shows changes to flood zones, flood elevation, floodplain and
floodway delineations, and planimetric features. One common type of LOMR, an LOMR-F,
is a determination concerning whether a structure or parcel has been elevated by fill above the
base flood elevation and is, therefore, excluded from the special flood hazard area.
• Conditional Letter of Map Revision (CLOMR) means a formal review and comment by FEMA as
to whether a proposed project complies with the minimum National Flood Insurance Program floodplain
management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood
Boundary and Floodway Maps, or Flood Insurance Studies.
(v) “Lowest Floor” means the lowest floor of the lowest enclosed area (including basement) of a
structure. This definition excludes an “enclosure below the lowest floor” which is unfinished or flood
resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a
basement area, provided that such enclosure is built in accordance with the applicable design requirements
specified in these regulations for enclosures below the lowest floor.
(w) “Manufactured Home” means a structure, transportable in one or more sections, which is built on a
permanent chassis and is designed for use with or without a permanent foundation when connected to the
required utilities. The term “manufactured home” does not include a “recreational vehicle”. For the
purpose of these regulations, a manufactured home includes manufactured homes and mobile homes as
defined in Chapter 3733 of the Ohio Revised Code.
(x) “Manufactured Home Park” as specified in the Ohio Administrative Code 3701-27- 01, means any
tract of land upon which three or more manufactured homes, used for habitation are parked, either free of
charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or
intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots
are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on
the lots, is not a manufactured home park, even though three or more manufactured homes are parked
thereon, if the roadways are dedicated to the local government authority.
(y) “National Flood Insurance Program (NFIP)” is a Federal program enabling property owners in
participating communities to purchase insurance protection against losses from flooding. This insurance is
designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing
damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement
between local communities and the Federal government that states if a community will adopt and enforce
floodplain management regulations to reduce future flood risks to all development in special flood hazard
areas, the Federal government will make flood insurance available within the community as a financial
protection against flood loss.
(z) “New Construction” means structures for which the “start of construction” commenced on or after
the initial effective date of the City of Grandview Heights ’Flood Insurance Rate Map dated August 15, 1980
and includes any subsequent improvements to such structures.
(aa) “Person” includes any individual or group of individuals, corporation, partnership, association, or
any other entity, including state and local governments and agencies. An agency is further defined in Ohio
Revised Code Section 111.15 as any governmental entity of the state and includes, but is not limited to, any
board, department, division, commission, bureau, society, council, institution, state college or university,
community college district, technical college district, or state community college. “Agency” does not
include the general assembly, the controlling board, the Adjutant General’s Department, or any court.
(bb) “Recreational Vehicle” means a vehicle which is (1) built on a single chassis, (2) 400 square feet
or less when measured at the largest horizontal projection, (3) designed to be self-propelled or permanently
towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use.
(cc) “Registered Professional Architect” means a person registered to engage in the practice of
architecture under the provisions of sections 4703.01 to 4703.19 of the Ohio Revised Code.
(dd) “Registered Professional Engineer” means a person registered as a professional engineer under
Chapter 4733 of the Ohio Revised Code.
(ee) “Registered Professional Surveyor” means a person registered as a professional surveyor under
(ff) “Special Flood Hazard Area”, also known as “Areas of Special Flood Hazard”, means the land in
the floodplain subject to a one percent or greater chance of flooding in any given year. Special flood hazard
areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood
Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE,
AH, AO, A1-30 and A99. Special flood hazard areas may also refer to areas that are flood prone and
designated from other Federal, State or local sources of data including but not limited to historical flood
information reflecting high water marks, previous flood inundation areas, and flood prone soils associated
with a watercourse.
(gg) “Start of Construction” means the date the building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the
main structure. For a substantial improvement, the actual start of construction means the first alteration of
any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the
external dimensions of a building.
(hh) “Structure” means a walled and roofed building, manufactured home, or gas or liquid storage tank
that is principally above ground.
(ii) “Substantial Damage” means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value
of the structure before the damage occurred.
(jj) “Substantial Improvement” means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the
structure before the “start of construction” of the improvement. This term includes structures, which have
incurred “substantial damage”, regardless of the actual repair work performed. The term does not,
however, include:
(1) Any improvement to a structure which is considered “new construction”;
(2) Any project for improvement of a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified prior to the application for a development
permit by the local code enforcement official and which are the minimum necessary to assure safe living
conditions; or
(3) Any alteration of a “historic structure” provided that the alteration will not preclude the
structure’s continued designation as a “historic structure”.
(kk) “Variance” means a grant of relief from the standards of these regulations consistent with the
variance conditions herein.
(ll) “Violation” means the failure of a structure or other development to be fully compliant with these
regulations.
(Ord. 04-05. Passed 2-17-04.)
1339.03 ADMINISTRATION.
(a) Designation of the Floodplain Administrator. The Director of Building and Zoning is hereby
appointed to administer and implement these regulations and is referred to herein as the Floodplain
Administrator.
(b) Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the
Floodplain Administrator shall include but are not limited to:
(1) Evaluate applications for permits to develop in special flood hazard areas.
(2) Interpret floodplain boundaries and provide flood hazard and flood protection elevation
information.
(3) Issue permits to develop in special flood hazard areas when the provisions of these regulations
have been met, or refuse to issue the same in the event of noncompliance.
(4) Inspect buildings and lands to determine whether any violations of these regulations have been
committed.
(5) Make and permanently keep all records for public inspection necessary for the administration of
these regulations including Flood Insurance Rate Maps, Letters of Map Amendment and Revision, records of
issuance and denial of permits to develop in special flood hazard areas, determinations of whether
development is in or out of special flood hazard areas for the purpose of issuing floodplain development
permits, elevation certificates, variances, and records of enforcement actions taken for violation of these
regulations.
(6) Enforce the provisions of these regulations.
(7) Provide information, testimony, or other evidence as needed during variance hearings.
(8) Coordinate map maintenance activities and FEMA follow-up.
(9) Conduct substantial damage determinations to determine whether existing structures, damaged
from any source and in special flood hazard areas identified by FEMA, must meet the development standards
of these regulations.
(c) Floodplain Development Permits: It shall be unlawful for any person to begin construction or other
development activity, including but not limited to filling, grading, construction, alteration, remodeling, or
expanding any structure, or alteration of any watercourse wholly within, partially within or in contact with
any identified special flood hazard area, as established in Section 1339.01(f), until a floodplain development
permit is obtained from the Floodplain Administrator. Such floodplain development permit shall show that
the proposed development activity is in conformity with the provisions of these regulations. The Floodplain
Administrator shall issue no such permit until the requirements of these regulations have been met.
(d) Application Required: An application for a floodplain development permit shall be required for all
development activities located wholly within, partially within, or in contact with an identified special flood
hazard area. Such application shall be made by the owner of the property or his/her authorized agent,
herein referred to as the applicant, prior to the actual commencement of such construction on a form
furnished for that purpose. Where it is unclear whether a development site is in a special flood hazard area,
the Floodplain Administrator may require an application for a floodplain development permit to determine
the development’s location. Such applications shall include, but not be limited to:
(1) Site plans drawn to scale showing the nature, location, dimensions, and topography of the area in
question, the location of existing or proposed structures, fill, storage of materials, drainage facilities, and the
location of the foregoing.
(2) Elevation of the existing, natural ground where structures are proposed.
(3) Elevation of the lowest floor, including basement, of all proposed structures.
(4) Such other material and information as may be requested by the Floodplain Administrator to
determine conformance with, and provide enforcement of these regulations.
(5) Technical analyses conducted by the appropriate design professional registered in the State of
Ohio and submitted with an application for a floodplain development permit when applicable:
A. Floodproofing certification for non-residential floodproofed structure as required in Section
1339.04(e).
B. Certification that fully enclosed areas below the lowest floor of a structure not meeting the
design requirements of Section 1339.04(d)(5) are designed to automatically equalize flood carrying capacity
of the watercourse will not be diminished, and maintenance assurances as required in Section 1339.04(i)(2).
D. A hydrologic and hydraulic analysis demonstrating that the cumulative effect of proposed
development, when combined with all other existing and anticipated development, will not increase the water
surface elevation of the base flood by more than one foot in special flood hazard areas where the Federal
Emergency Management Agency has provided base flood elevations but no floodway as required by Section
1339.04(i)(2).
E. A hydrologic and hydraulic engineering analysis showing impact of any development on flood
heights in an identified floodway as required by Section 1339.04(i)(1).
F. Generation of base flood elevation(s) for subdivision and large-scale developments as required
by Section 1339.04(c).
(6) Fees for development permit and development permit application review are as follows:
A. Each development permit application shall be accompanied by a non-refundable fee of twenty
dollars ($20.00).
B. Each development permit application that in the determination of the Flood Plain
Administrator requires additional technical evaluation, site inspection or engineering studies shall be
accompanied by a review fee of between thirty-five dollars ($35.00) and sixty-five dollars ($65.00) per hour,
as solely determined by the Floodplain Administrator.
(e) Review and Approval of a Floodplain Development Permit Application.
(1) Review.
A. After receipt of a complete application, the Floodplain Administrator shall review the
application to ensure that the standards of these regulations have been met. No floodplain development
permit application shall be reviewed until all information required in Section 1339.03(d) has been received
by the Floodplain Administrator.
B. The Floodplain Administrator shall review all floodplain
development permit
applications to assure that all necessary permits have been received from those federal, state or local
governmental agencies from which prior approval is required. The applicant shall be responsible for
obtaining such permits as required including permits issued by the U.S. Army Corps of Engineers under
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, and the Ohio
Environmental Protection Agency under Section 401 of the Clean Water Act.
(2) Approval. Within thirty (30) days after the receipt of a complete application, the Floodplain
Administrator shall either approve or disapprove the application. If an application is approved, a floodplain
development permit shall be issued. All floodplain development permits shall be conditional upon the
commencement of work within one (1) year. A floodplain development permit shall expire one (1) year
after issuance unless the permitted activity has been substantially begun and is thereafter pursued to
completion.
(f) Inspections: The Floodplain Administrator shall make periodic inspections at appropriate times
throughout the period of construction in order to monitor compliance with permit conditions.
(g) Post-Construction Certifications Required: The following as-built certifications are required after a
floodplain development permit has been issued:
(1) For new or substantially improved residential structures, or nonresidential structures that have
been elevated, the applicant shall have a Federal Emergency Management Agency Elevation Certificate
completed by a registered surveyor to record as-built elevation data. For elevated structures in Zone A and
Zone AO areas without a base flood elevation, the elevation certificate may be completed by the property
owner or owner’s representative.
(2) For all development activities subject to the standards of Section 1339.03(j)(1), a Letter of Map
Revision.
(h) Revoking a Floodplain Development Permit: A floodplain development permit shall be revocable,
if among other things, the actual development activity does not conform to the terms of the application and
permit granted thereon. In the event of the revocation of a permit, an appeal may be taken to the City of
Grandview Heights Planning Commission in accordance with Section 1339.05.
(i) Exemption from Filing a Development Permit: An application for a floodplain development permit
shall not be required for:
(1) Maintenance work such as roofing, painting, and basement sealing, or for small nonstructural
development activities (except for filling and grading) valued at less than $5,000.
(2) Development activities in an existing or proposed manufactured home park. Such activities are
under the authority of the Ohio Department of Health and subject to the flood damage reduction provisions of
Ohio Administrative Code Chapter 3701.
(3) Major utility facilities permitted by the Ohio Power Siting Board under Chapter 4906 of the Ohio
Revised Code.
(4) Hazardous waste disposal facilities permitted by the Hazardous Waste Siting Board under
(5) Development activities undertaken by a federal agency and which are subject to Federal
Executive Order 11988 – Floodplain Management.
Any proposed action exempt from filing for a floodplain development permit is also exempt from the
standards of these regulations.
(j) Map Maintenance Activities. To meet national Flood Insurance Program minimum requirements to
have flood data reviewed and approved by FEMA, and to ensure that the City of Grandview Heights’ flood
maps, studies and other data identified in Section 1339.01(f) accurately represent flooding conditions so
appropriate floodplain management criteria are based on current data, the following map maintenance
activities are identified:
(1) Requirement to Submit New Technical Data.
A. For all development proposals that impact floodway delineations or base flood elevations, the
community shall ensure that technical data reflecting such changes be submitted to FEMA within six months
of the date such information becomes available. These development proposal include:
1. Floodway encroachments that increase or decrease base flood elevations or alter floodway
boundaries;
2. Fill sites to be used for the placement of proposed structures where the applicant desires to
remove the site from the special flood hazard area;
3. Alteration of watercourses that result in a relocation or elimination of the special flood
hazard area, including the placement of culverts; and
4. Subdivision or large-scale development proposal requiring the establishment of base flood
elevations in accordance with Section 1339.04(c).
B. It is the responsibility of the applicant to have technical data, required in accordance with
Section 1339.03(j)(1), prepared in a format required for a Conditional Letter of Map Revision or Letter of
Map Revision, and submitted to FEMA. Submittal and processing fees for these map revisions shall be the
responsibility of the applicant.
C. The Floodplain Administrator shall require a Conditional Letter of Map Revision prior to the
issuance of a floodplain development permit for:
1. Proposed floodway encroachments that increase the base flood elevation; and
2. Proposed development which increases the base flood elevation by more than one foot in
areas where FEMA has provided base flood elevations but no floodway
D. Floodplain development permits issued by the Floodplain Administrator shall be conditioned
upon the applicant obtaining a Letter of Map Revision from FEMA for any development proposal subject to
Section 1339.03(j)(1) A.
(2) Right to Submit New Technical Data: The Floodplain Administrator may request changes to any
of the information shown on an effective map that does not impact floodplain or floodway delineations or
base flood elevations, such as labeling or planimetric details. Such a submission shall include appropriate
supporting documentation made in writing by the Mayor of the City of Grandview Heights, and may be
submitted at any time.
(3) Annexation/Detachment: Upon occurrence, the Floodplain Administrator shall notify FEMA in
writing whenever the boundaries of the City of Grandview Heights have been modified by annexation or the
community has assumed authority over an area, or no longer has authority to adopt and enforce floodplain
management regulations for a particular area. In order that the City of Grandview Heights’ Flood Insurance
Rate Map accurately represents the City of Grandview Heights’ boundaries, include within such notification
a copy of the map of the City of Grandview Heights suitable for reproduction, clearly showing the new
corporate limits or the new area for which the City of Grandview Heights has assumed or relinquished
floodplain management regulatory authority.
(k) Data Use and Flood Map Interpretation: The following guidelines shall apply to the use and
interpretation of maps and other data showing areas of special flood hazard:
(1) In areas where FEMA has not identified special flood hazard areas, or in FEMA identified
special flood hazard areas where base flood elevation and floodway data have not been in identified, the
Floodplain Administrator shall review and reasonably utilize any other flood hazard data available from a
Federal, State, or other source.
(2) Base flood elevations and floodway boundaries produced on FEMA flood maps and studies shall
take precedence over base flood elevations and floodway boundaries by any other source that reflect a
reduced floodway width and/or lower base flood elevations. Other sources of data, showing increased base
flood elevations and/or larger floodway areas than are shown on FEMA flood maps and studies, shall be
reasonably used by the Floodplain Administrator.
(3) When Preliminary Flood Insurance Rate Maps and/or Flood Insurance Study have been provided
by FEMA:
A. Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard
data shall be used and replace all previously existing flood hazard data provided from FEMA for the
purposes of administering these regulations.
B. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary
flood hazard data shall only be required where no base flood elevations and/or floodway areas exist or where
the preliminary base flood elevation or floodway area exceed the base flood elevations and/or floodway
widths in existing flood hazard data provided from FEMA. Such preliminary data may be subject to change
and/or appeal to FEMA.
(4) The Floodplain Administrator shall make interpretations, where needed, as to the exact location
of the flood boundaries and areas of special flood hazard. A person contesting the determination of the
location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in
Section 1339.05, Appeals and Variances.
(5) Where a map boundary showing an area of special flood hazard and field elevations disagree, the
base flood elevations or flood protection elevations (as found on an elevation profile, floodway data table,
established high water marks, etc.) shall prevail.
(l) Substantial Damage Determinations: Damages to structures may result from a variety of causes
including tornado, wind, heavy snow, flood, fire, etc. After such a damage event, the Floodplain
Administrator shall:
(1) Determine whether damaged structures are located in special flood hazard areas;
(2) Conduct substantial damage determinations for damaged structures located in special flood hazard
areas; and
(3) Make reasonable attempt to notify owners of substantially damaged structures of the need to
obtain a floodplain development permit prior to repair, rehabilitation, or reconstruction.
Additionally, the Floodplain Administrator may implement other measures to assist with the substantial
damage determination and subsequent repair process. These measures include issuing press releases, public
service announcements, and other public information materials related to the floodplain development permits
and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with
substantial damage determinations; providing owners of damaged structures materials and other information
related to the proper repair of damaged structures in special flood hazard areas; and assist owners of
substantially damaged structures with Increased Cost of Compliance insurance claims.
(Ord. 04-05. Passed 2-17-04.)
1339.04 USE AND DEVELOPMENT STANDARDS FOR FLOOD HAZARD REDUCTION.
The following use and development standards apply to development wholly within, partially within, or in
contact with any special flood hazard area as established in Section 1339.01(f) or 1339.03(k)(1):
(a) Use Regulations.
(1) Permitted Uses.
A. All uses not otherwise prohibited in this Chapter or any other applicable land use regulation
adopted by the City of Grandview Heights are allowed, provided they meet the provisions of this Chapter.
(2) Prohibited Uses.
A. Private water supply systems in all special flood hazard areas identified by FEMA, permitted
under Chapter 3701 of the Ohio Revised Code.
B. Infectious waste treatment facilities in all special flood hazard areas, permitted under Chapter
3734 of the Ohio Revised Code.
(b) Water and Wastewater Systems. The following standards apply to all water supply, sanitary
sewerage and waste disposal systems not otherwise regulated by the Ohio Revised Code:
(1) All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems;
(2) New and replacement sanitary sewerage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharge from the systems into flood waters; and
(3) On-site waste disposal systems shall be located to avoid impairment to or contamination from
them during flooding.
(c) Subdivisions and Large Developments.
(1) All subdivision proposals shall be consistent with the need to minimize flood damage and are
subject to all applicable standards in these regulations;
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize flood damage;
(3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage;
(4) In all areas of special flood hazard where base flood elevation data are not available, the
applicant shall provide a hydrologic and hydraulic engineering analysis that generates base flood elevations
for all subdivision proposals and other proposed developments containing at least 50 lots or 5 acres,
whichever is less; and
(5) The applicant shall meet the requirement to submit technical data to FEMA in Section
1339.03(j)(1)A.4. when a hydrologic and hydraulic analysis is completed that generates base flood elevations
as required by Section 1339.04(c)(4).
(d) Residential Structures.
(1) New construction and substantial improvements shall be anchored to prevent flotation, collapse,
or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy. Where a structure, including its foundation members, is elevated on fill to or above the base
flood elevation, the requirements for anchoring (Section 1339.04(d)(1)) and construction materials resistant
to flood damage (Section 1339.04(d)(2)) are satisfied.
(2) New construction and substantial improvements shall be constructed with methods and materials
resistant to flood damage.
(3) New construction and substantial improvements shall be constructed with electrical, heating,
ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or
elevated so as to prevent water from entering or accumulating within the components during conditions of
flooding.
(4) New construction and substantial improvement of any residential structure, including
manufactured homes, shall have the lowest floor, including basement, elevated to or above the flood
protection elevation.
(5) New construction and substantial improvements, including manufactured homes, that do not have
basements and that are elevated to the flood protection elevation using pilings, columns, posts, or solid
foundation perimeter walls, with openings sufficient to allow unimpeded movement of flood waters may have
an enclosure below the lowest floor provided the enclosure meets the following standards:
A. Be used only for the parking of vehicles, building access, or storage; and
B. Be designed and certified by a registered professional engineer or architect to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters; or
C. Have a minimum of two openings on different walls having a total net area not less than one
square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than
one foot above grade. The openings may be equipped with screens, louvers, or other coverings or devices
provided that they permit the automatic entry and exit of floodwaters.
(6) Manufactured homes shall be affixed to a permanent foundation and anchored to prevent
flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy. Methods of anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors.
(7) Repair or rehabilitation of historic structures upon a determination that the proposed repair or
rehabilitation will not preclude the structure’s continued designation as a historic structure and is the
minimum necessary to preserve the historic character and design of the structure, shall be exempt from the
development standards of Section 1339.04(d).
(e) Non-residential Structures.
(1) New construction and substantial improvement of any commercial, I industrial or other
non-residential structure shall meet the requirements of Section 1339.04(d)(1)-(3) and (5) – (7).
(2) New construction and substantial improvement of any commercial, industrial or other
non-residential structure shall either have the lowest floor, including basement, elevated to or above the level
of the flood protection elevation; or, together with attendant utility and sanitary facilities, shall meet all of the
following standards:
A. Be dry floodproofed so that the structure is watertight with walls substantially impermeable to
the passage of water to the level of the flood protection elevation;
B. Have structural components capable of resisting hydrostatic and hydrodynamic loads and
effects of buoyancy; and
C. Be certified by a registered professional engineer or architect, through the use of a Federal
Emergency Management Floodproofing Certificate, that the design methods of construction are in
accordance with Section 1339.04(e)(2) A and B.
(f) Accessory Structures.
Relief from the elevation or dry floodproofing standards may be granted
for accessory structures containing no more than 600 square feet. Such structures must meet the following
standards:
(1) They shall not be used for human habitation;
(2) They shall be constructed of flood resistant materials;
(3) They shall be constructed and placed on the lot to offer the minimum resistance to the flow of
flood waters;
(4) They shall be firmly anchored to prevent flotation;
(5) Service facilities such as electrical and heating equipment shall be elevated or floodproofed to or
above the level of the flood protection elevation; and
(6) They shall meet the opening requirements of Section 1339.04(d)(5)C.
(g) Recreational Vehicles. Recreational vehicles must meet at least one of the following standards:
(1) They shall not be located on sites in special flood hazard areas for more than 180 days, or
(2) They must be fully licensed and ready for highway use, or
(3) They must meet all standards of Section 1339.04(d).
(h) Above Ground Gas or Liquid Storage Tanks. All above ground gas or liquid storage tanks shall be
anchored to prevent flotation or lateral movement resulting from hydrodynamic and hydrostatic loads.
(i) Assurance of Flood Carrying Capacity. Pursuant to the purpose and methods of reducing flood
damage stated in these regulations, the following additional standards are adopted to assure that the reduction
of the flood-carrying capacity of watercourses is minimized:
(1) Development in Floodways.
A. In floodway areas, development shall cause no increase in flood levels during the occurrence
of the base flood discharge. Prior to issuance of a floodplain development permit, the applicant must submit
a hydrologic and hydraulic analysis, conducted by a registered professional engineer, demonstrating that the
proposed development would not result in any increase in the base flood elevation; or
B. Development in floodway areas causing increases in the base flood elevation may be permitted
provided all of the following are completed by the applicant:
1. Meet the requirements to submit technical data in Section 1339.03(j)(1);
2. An evaluation of alternatives which would not result in increased base flood elevations and
an explanation why these alternatives are not feasible;
3. Certification that no structures are located in areas which would be impacted by the
increased base flood elevation;
4. Documentation of individual legal notices to all impacted property owners within and
outside the community, explaining the impact of the proposed action on their property; and
5. Concurrence of the Mayor of the City of Grandview Heights and the Chief Executive
Officer of any other communities impacted by the proposed actions.
(2) Alterations of a Watercourse. For the purpose of these regulations, a watercourse is altered
when any change occurs within its banks. The extent of the banks shall be established by a field
determination of the “bankfull stage”. The field determination of “bankfull stage” shall be based on
methods presented in Chapter 7 of the USDA Forest Service General Technical Report RM-245, Stream
Channel Reference Sites: An Illustrated Guide to Field Technique or other applicable publication available
from a Federal, State, or other authoritative source. For all proposed developments that alter a
watercourse, the following standards apply:
A. The bankfull flood carrying capacity of the altered or relocated portion of the watercourse
shall not be diminished. Prior to the issuance of a floodplain development permit, the applicant must submit
a description of the extent to which any watercourse will be altered or relocated as a result of the proposed
development, and certification by a registered professional engineer that the bankfull flood carrying capacity
of the watercourse will not be diminished.
B. Adjacent communities, the U.S. Army Corps of Engineers, and the Ohio Department of
Natural Resources, Division of Water, must be notified prior to any alteration or relocation of a watercourse.
Evidence of such notification must be submitted to the Federal Emergency Management Agency.
C. The applicant shall be responsible for providing the necessary maintenance for the altered or
relocated portion of said watercourse so that the flood carrying capacity will not be diminished. The
Floodplain Administrator may require the permit holder to enter into an agreement with the City of
Grandview Heights specifying the maintenance responsibilities. If an agreement is required, it shall be made
a condition of the floodplain development permit.
D. The applicant shall meet the requirements to submit technical data in Section
1339.03(j)(1)A.3. when an alteration of a watercourse results in the relocation or elimination of the special
flood hazard area, including the placement of culverts.
(Ord. 04-05. Passed 2-17-04.)
1339.05 APPEALS AND VARIANCES.
(a) Appeals Board Established. The City of Grandview Heights Planning Commission
(“Commission”) as established by the City shall hear and decide appeals and requests for variances from the
requirements of this Chapter.
(b) Powers and Duties of Planning Commission.
(1) The Commission shall hear and decide appeals where it is alleged there is an error in any order,
requirement, decision or determination made by the Floodplain Administrator in the administration or
enforcement of these regulations.
(2) Authorize variances in accordance with Section 1339.05(d) of these regulations.
(c) Appeals.
(1) Any person who has legal standing a particular matter and who is adversely affected by any
notice and order, or other official action of the Floodplain Administrator may request and shall be granted a
hearing on the matter before the Commission provided that such person shall file, within twenty (20) days of
the date of such notice and order, or other official action, a brief statement of the grounds for such appeal or
for the mitigation of any item appearing on any Order of the Floodplain Administrator. Such appeal shall be
in writing, signed by the applicant, and be filed with the Floodplain Administrator. Upon receipt of the
appeal, the Floodplain Administrator shall transmit said notice and all pertinent information on which the
Floodplain Administrator’s decision was made to the Commission.
(2) Upon receipt of the notice of appeal, the Commission shall fix a reasonable time for the appeal,
give notice in writing to parties in interest, and decide the appeal within a reasonable time after it is
submitted.
(d) Variances. Any person believing that the use and development standards of these regulations
would result in unnecessary hardship may file an application for a variance. The Commission shall have the
power to authorize, in specific cases, such variances from the standards of these regulations, not inconsistent
with Federal regulations, as will not be contrary to the public interest where, due to special conditions of the
lot or parcel, a literal enforcement of the provisions of these regulations would result in unnecessary
hardship.
(1) Application for a Variance.
A. Any owner, or agent thereof, of property for which a variance is sought shall make an
application for a variance by filing it with the Floodplain Administrator, who upon receipt of the variance
shall transmit it to the Commission.
B. Such application at a minimum shall contain the following information: Name, address, and
telephone number of the applicant; legal description of the property; parcel map; description of the existing
use; description of the proposed use; location of the floodplain; description of the variance sought; and
reason for the variance request.
C. All applications for a variance shall be accompanied by a variance application fee set in the
schedule of fees in Section 1141.05 of the Codified Ordinances..
(2) Standards for Review. In passing upon such applications, the Commission shall consider all
evaluations, all relevant factors and standards specified in other sections of this Chapter, and the following
factors:
A. The danger that materials may be swept onto other lands to the injury of others.
B. The danger to life and property due to flooding or erosion damage.
C. The susceptibility of the proposed facility and its contents to flood damage and the effect of
such damage on the individual owner.
D. The importance of the services provided by the proposed facility to the community.
E. The availability of alternative locations for the proposed use, which are not subject to flooding
or erosion damage.
F. The necessity to the facility of a waterfront location, where applicable.
G. The compatibility of the proposed use with existing and anticipated development.
H. The relationship of the proposed use to the Comprehensive Plan and Floodplain Management
Program for that area.
I. The safety of access to the property in times of flood for ordinary and emergency vehicles.
J. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
and the effects of wave action, if applicable, expected at the site.
K. The costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and
streets and bridges.
(3) Variances shall only be issued upon:
A. A showing of good and sufficient cause.
B. A determination that failure to grant the variance would result in exceptional hardship to the
applicant. Increased cost or inconvenience of meeting the requirements of these regulations does not
constitute an exceptional hardship to the applicant.
C. A determination that the granting of a variance will not result in increased flood heights
beyond that which is allowed in this Chapter, additional threats to public safety, extraordinary public
expense, nuisances, fraud on or victimization of the public, or conflict with existing local laws or ordinances.
D. A determination that the structure or other development is protected by methods to minimize
flood damages.
E. A determination that the variance is the minimum necessary, considering the flood hazard, to
afford relief.
(4) Other Conditions for Variances.
A. Variances shall not be issued within any designated floodway if any increase in flood levels
during the base flood discharge would result.
B. Generally, variances may be issued for new construction and substantial improvements to be
made on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, providing items in Section 1339.05(d)(2)(A – K) have been fully
considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the
variance increases.
C. Any applicant to whom a variance is granted shall be given written notice that the structure
will be permitted to be built with a lowest floor elevation below the base flood elevation and the cost of flood
insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(5) Upon consideration of the above factors and the purposes of this Chapter, the Commission may
attach such conditions to the granting of variances as it deems necessary to further the purposes of this
Chapter.
(e) Procedure at Hearings.
(1) All testimony shall be given under oath.
(2) A record of the proceedings shall be kept.
(3) The applicant shall proceed first to present evidence and testimony in support of the appeal or
variance.
(4) The Administrator may present evidence or testimony in opposition to the appeal or variance.
(5) All witnesses shall be subject to cross-examination by the adverse party or their counsel.
(6) Evidence that is not admitted may be proffered and shall become part of the record for appeal.
(7) The Commission shall issue subpoenas upon written request for the attendance of witnesses. A
reasonable deposit to cover the cost of issuance and service shall be collected in advance.
(8) The Commission’s decision may be announced at the conclusion of the hearing and thereafter
issued in writing or the decision may be issued in writing within a reasonable time after the hearing.
(f) Appeal to the Court. Any party with legal standing aggrieved by the decision of the Commission
may appeal such decision to the Franklin County Court of Common Pleas, as provided in Chapter 2506 of
the Ohio Revised Code.
(Ord. 04-05. Passed 2-17-04.)
(a) Compliance Required.
(1) No structure or land shall hereafter be located, erected, constructed, reconstructed, repaired,
extended, converted, enlarged or altered without full compliance with the requirements of this Chapter and
all other applicable regulations which apply to construction and uses within the City of Grandview Heights,
unless specifically exempted from filing for a development permit as set forth in Section 1339.03(i).
(2) Failure to obtain a floodplain development permit shall be a violation of this Chapter and shall be
punishable in accordance with the provisions of this Chapter.
(b) Notice of Violation. Whenever the Floodplain Administrator determines that there has been a
violation of any provision of this Chapter, he shall give notice of such violation to the person responsible
therefore and order compliance with this Chapter as hereinafter provided. Such notice and order shall:
(1) Be put in writing;
(2) Include a list of violations, referring to the section or sections of this Chapter that have been
violated, and order remedial action, which, if taken, will effect compliance with the provisions of this
Chapter;
(3) Specify a reasonable time for performance;
(4) Advise the owner, operator, or occupant of the right to appeal; and
(5) Be served on the owner, occupant, or agent in person. However, this notice and order shall be
deemed to be properly served upon the owner, occupant, or agent if a copy thereof is sent by registered or
certified mail to the person’s last known mailing address, residence, or place of business, and/or a copy is
posted in a conspicuous place in or on the dwelling affected.
(c) Violations and Penalties. Violation of any provision of this Chapter or failure to comply with any
of its requirements shall be deemed to be a strict liability offense, and shall constitute a third degree
misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall
upon conviction thereof be fined or imprisoned as provided by the laws of the City of Grandview Heights.
Each day such violation continues shall be considered a separate offense. Nothing herein contained shall
prevent the City of Grandview Heights from taking such other lawful action as is deemed necessary to
prevent or remedy any violation.
(Ord. 04-05. Passed 2-17-04.)
CHAPTER 1343
Numbering Structures
1343.01
Numbering required.
CROSS REFERENCES
Power to regulate building numbering - see Ohio R.C. 715.26
1343.01 NUMBERING REQUIRED.
(a)
New and existing residences and buildings within the corporate limits of the City shall have
approved address numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. These numbers shall contrast with
their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a
minimum of four (4) inches (101.6mm) high with a minimum stroke width of 0.5 inch (12.7mm) and no
more than eight inches (203.2mm) high. Where access is by means of a private road and the building cannot
be viewed from the public way, a monument, pole or other sign or means shall be used to identify the
structure.
(b) All businesses situated within the corporate limits of the City shall adhere to the provision
established by Chapter 1167 of the Codified Ordinances of the City of Grandview Heights, Ohio.
(c) The numbering of residences and buildings shall be determined in accordance with the following
provisions: Each building situated and fronting upon the north or east side of such streets and avenues shall
be numbered by an even number and each building situated upon the south and west side of such streets and
avenues shall be numbered by an odd number.
(Ord. 2012-27. Passed 11-5-12.)
CHAPTER 1347
Hotels and Motels
1347.01
1347.02
1347.03
1347.04
1347.05
1347.06
1347.07
1347.08
Definitions.
Permit required.
Noncompliance.
Transfer of ownership.
Sanitation standards.
Guest rooms.
Water and wastewater.
Laundry.
The following definitions shall apply to the enforcement and interpretation of this chapter:
(a) “Hotel” means any structure consisting of one or more buildings with five or more guest rooms
specifically constructed for, kept, used, maintained or held out to the public to be a place where sleeping
accommodations are offered for pay to transient guests for a period of thirty days or less in which access to
each guestroom is provided by interior hallways.
(b) “Motel” means a structure as in subsection (a) hereof in which access to each guestroom is provided
directly through an exterior door or by an entrance connected to a covered hallway or walkway on the
exterior of the building.
(c) “Extended Stay Hotel” means a structure as in subsections (a) or (b) hereof specifically constructed
for, kept, used, maintained or held out to the public to be a place offered as a temporary residence for pay to
guests for a period that is not limited to 30 days.
(d) “Owner or Authorized Agent” means a person, firm, association or corporation who is responsible
for managing and operating a hotel, motel, or extended stay hotel.
(e) “Utensil” means any drinking glass, pitcher, silverware, plate, serving platter, and other equipment
that is designed or used to come into contact with potable water, food, or beverages during storage,
transportation, serving or normal usage.
(f) “Hotel Operation Permit” means a permit issued by the City of Grandview Heights authorizing the
holder to operate a hotel, motel, or extended stay hotel within the jurisdiction of the City of Grandview
Heights pursuant to the provisions of this chapter.
(g) “Hotel Operation Permit/Registration Application” means a form provided by the City of
Grandview Heights allowing the owner or authorized agent of a hotel, motel, or extended stay hotel to apply
for a Hotel Operation Permit and be registered as a holder of such permit.
(h) “Notice of Violation” means the written notice of Section 1347.03(a), said notice designed to inform
the holder of a Hotel Operation Permit of specific areas of noncompliance, to specify the steps needed to
achieve compliance and the time period within which these steps must be performed, and to explain the
consequences of continued noncompliance.
(i) “The City” means the City of Grandview Heights.
(j) “City Building Official” means an agent of the City of Grandview Heights authorized to inspect
hotels, motels, and extended stay hotels, and otherwise enforce the provisions of this chapter.
(Ord. 2006-01. Passed 1-3-06.)
1347.02 PERMIT REQUIRED.
(a) The City shall issue a Hotel Operation Permit to owners or authorized agents upon compliance with
the provisions of this chapter.
(b) The Hotel Operation Permit shall not be transferable or assignable and shall automatically become
invalid upon the change of owner or authorized agent in whose name the permit is issued or upon suspension
or revocation.
(c) No person directly or indirectly, shall construct, operate, or maintain a hotel, motel or extended stay
hotel within the City without a Hotel Operation Permit for the current year’s operation.
(d) All Hotel Operation Permits shall be issued on a calendar year basis (January 1st to December 31st )
or any part of a calendar year remaining thereof and shall expire on December 31st following the date of
issuance.
(e) Every owner or authorized agent who proposes to construct, operate, or maintain a hotel, motel, or
extended stay hotel within the City shall apply for a Hotel Operation Permit on forms provided by the City.
In the case of a facility in current operation, application shall be made no later than thirty (30) days prior to
the expiration of the current permit. In the case of a facility not in current operation, application shall be
made no later than thirty (30) days before construction, operation, or maintenance is to begin. No Hotel
Operation Permit shall be issued unless the following documents are provided to the City:
(1) A copy of a license issued by the State Fire Marshal for the premises;
(2) A copy of the latest inspection report from the State Fire Marshal;
(3) A copy of the latest inspection report from the Division of Fire.
(4) A letter designating the responsible person at the hotel, motel, or extended stay hotel to whom a
Notice of Violations can be delivered, and who has the authority to act in the absence of the owner or
authorized agent in whose name the Hotel Operation Permit has been issued.
(f) All hotels, motels, and extended stay hotels within the City shall be in compliance with State and
local laws and regulations. Any hotel, motel, or extended stay hotel that is granted a Hotel Operation
Permit by the City shall be in compliance with the regulations of the City of Grandview Heights Building and
Code Enforcement Department and the Division of Fire.
(g) Every owner or authorized agent shall maintain a log of complaints from guests at the facility.
Such records shall be available for inspection.
(h) The owner or authorized agent shall display the Hotel Operation Permit in a prominent location
within the hotel, motel, or extended stay hotel.
(i) Fees.
(1) The owner or authorized agent shall pay an annual permit application fee, based upon the number
of rooms in the facility. The fees shall be two hundred dollars ($200.00) for the first one hundred (100)
rooms, and two dollars ($2.00) per room for each room in excess of one hundred rooms.
(2) The City Council of Grandview Heights is authorized to increase the per room fee on an annual
basis.
(j) Inspections. City Building Officials shall inspect all hotels, motels, and extended stay hotels within
the City’s jurisdiction a minimum of two (2) times per year or as needed to determine if the property is in
compliance.
(k) Right of Entry.
(1) Any owner or authorized agent holding a Hotel Operation Permit shall allow City Building
Officials to inspect the hotel, motel, or extended stay hotel to which the permit pertains. The owner or
authorized agent shall give City Building Officials free access to such facility and its premises at all
reasonable times for the purpose of conducting inspections pursuant to this chapter.
(2) Every guest of a hotel, motel, or extended stay hotel shall give the owner, authorized agent, or
agent thereof access to their guest room for the purpose of cleaning, maintenance and compliance with this
chapter.
(3) The City Building Official or other agent authorized by the City shall have the authority to
inspect and examine the register containing a record of all guests who have used or who are using the
facilities of the hotel or motel, provided the City otherwise has legal authority to inspect and examine the
register.
(l) Staffing. Any hotel, motel, or extended stay hotel operating within the City shall be adequately
staffed to maintain the premises in a safe and sanitary condition at all times.
(m) Appeals. Any owner or authorized agent may appeal a denial of his or her Hotel Operation Permit
to the City of Grandview Heights Zoning Appeals Board within thirty days of notification of denial.
(n) Variance. Any owner or authorized agent may apply for a variance to some or all provisions of
this chapter by notifying the City of Grandview Heights Board of Zoning Appeals in writing.
(Ord. 2006-01. Passed 1-3-06.)
1347.03 NONCOMPLIANCE.
(a) Notice of Violation.
(1) Whenever the City Building Official determines that there has been a violation of this chapter, or
has grounds to believe a violation has occurred, a Notice of Violation shall be provided to the owner or
authorized agent in whose name the Hotel Operation Permit has been issued.
(2) The Notice of Violation shall:
A. Be in writing;
B. Include the name and address of the hotel, motel, or extended stay hotel believed to be in
violation;
C. Include the name and address of the holder of the Hotel Operation Permit as provided on the
Hotel Operation Permit/Registration Application;
D. Include a statement of violation or violations and why the notice is being issued;
E. Include a correction order allowing a reasonable time for the owner or authorized agent to
bring his facility into compliance with this chapter; and
F. Include a statement outlining the potential consequences of continued noncompliance.
(3) Service. The Notice of Violation shall be deemed properly served if a copy thereof is provided
by any of the following means:
A. Delivered personally to the owner or authorized agent in whose name the Hotel Operation
Permit has been issued;
B. Delivered personally to the person designated in the letter required by Section 1347.02(e)(4);
or
C. Sent by certified or first-class mail to the address listed upon the Hotel Operation
Permit/Registration Application.
(b) Penalty.
(1) Any owner or authorized agent holding a Hotel Operation Permit who fails to comply with a
Notice of Violation or order shall be deemed guilty of a fourth degree misdemeanor and the violation shall be
deemed a strict liability offense.
(2) If the Notice of Violation is not complied with, the City Building Official or other representative
of the City may institute the appropriate proceeding at law or in equity to restrain, correct or abate such
violations of this chapter or to require the removal or termination of unlawful occupancy.
(3) Each day following the period provided for correction in the Notice of Violation in which a
violation continues shall be deemed a separate offense.
(4) The City of Grandview Heights shall assess a reinspection fee of one hundred fifty dollars
($150.00) for each reinspection that is required after the initial reinspection following the issuance of a notice
of violation.
(Ord. 2006-01. Passed 1-3-06.)
1347.04 TRANSFER OF OWNERSHIP.
It shall be unlawful for an owner or authorized agent to sell, transfer, or lease a hotel, motel, or extended
stay hotel where a Notice of Violation has been properly served unless:
(a) The provisions of the Notice of Violation and Correction order therein have been satisfied prior to
sale, transfer or lease; or
(b) The owner or authorized agent does the following:
(1) Furnishes the buyer or lessee with a true, accurate, and complete copy of the Notice of Violation;
and
(2) Provides the City with a signed and notarized statement from the grantee, purchaser, or lessee
acknowledging receipt of such Notice of Violation and fully accepting unconditioned responsibility for
making the corrections required to bring the facility into compliance with the provisions of this chapter.
(Ord. 2006-01. Passed 1-3-06.)
1347.05 SANITATION STANDARDS.
(a) Solid Waste Management.
(1) The grounds surrounding a hotel, motel, or extended stay hotel shall be maintained in a clean and
sanitary condition. Litter on the premises shall be collected and disposed daily.
(2) All solid waste, including refuse, garbage, and rubbish, shall be stored in closed containers or
dumpsters until such solid waste is removed from the property.
(3) All solid waste containers and dumpsters maintained outside of the building shall be cleanable,
reasonably leakproof, and equipped with tightly fitting covers that shall be maintained in a closed position.
Such containers and dumpsters shall be placed on a paved surface at least 25 feet from any sleeping room.
(b) Nuisance Conditions.
(1) Water. The ground around a hotel, motel, or extended stay hotel shall be graded so as to
minimize standing water. Gutters and downspouts shall be maintained in good condition and shall divert
water away from the building.
(2) Exterior windows. All windows having a sash that can be opened to the outside of the building
shall be equipped with 16 mesh screens that are secure and in good condition.
(3) Vegetation. Weeds, brush, grass, and other vegetation on the premises shall be kept cut.
(4) Lead-based paint. Any hotel, motel, or extended stay hotel that was built before 1978, and
whose exterior surfaces may contain lead based paint, shall maintain such surfaces in good condition, and
minimize flaking, peeling, and chipping paint.
(c) Common Areas.
(1) Common areas generally. All common areas within a hotel, motel, or extended stay hotel shall
be maintained as originally approved by the City Building Official. Such areas shall be maintained in a
clean, safe, and nuisance-free condition.
(2) Public restrooms.
A. The floors, walls, doors, toilets, lavatories, and modesty panels in all public restrooms shall
be smooth, easily cleanable, in good repair, and composed of durable, non-absorbent material.
B. Public restrooms shall be kept clean and sanitary at all times. Restroom fixtures, including
toilets, urinals, and sinks shall be cleaned and disinfected daily. Restroom floors shall be mopped and
sanitized daily. Door handles, switch covers and other tactile surfaces shall be cleaned and disinfected daily.
Restroom walls, doors, doorframes, and toilet stalls shall be maintained in a clean and sanitary condition.
C. All electrical outlets located within a six-foot proximity to water shall be protected by a
Ground Fault Current Interrupter.
(3) Public restroom fixtures.
A. Restroom lavatories shall be smooth and easily cleanable, and provide hot and cold water at
sufficient pressure and quantity to permit thorough hand washing.
B. Soap and paper towels or hand dryers shall be provided in the lavatory at all times.
C. A trash container shall be provided for the disposal of used paper towels if paper towels are
provided.
D. Toilets and urinals shall fill and flush properly and they shall be in good condition. Toilet
seats shall be smooth and easily cleanable. Toilet paper shall be available at all times.
(4) Stairways and steps.
A. All stairways and steps shall not be severely cracked or broken, shall be maintained in a safe
and cleanable condition, and shall be kept clean and free of obstructions.
B. All stairways and steps shall be well lit and shall be equipped with a handrail where so
required by State and local laws and regulations.
C. Carpeting shall lie flat and be well secured to steps and be free from rips, torn edges, odors,
or excessive staining.
D. Linoleum and tile shall be secure to steps.
E. Posted warning shall be provided to guests whenever steps or stairways are wet, slippery, or
otherwise pose a danger to guests.
(5) Lobbies, meeting rooms, and hallways.
A. Floors, walls, ceilings, ventilation system grilles, and other surfaces shall be maintained in a
safe and cleanable condition and shall be kept clean.
B. Floors shall be mopped or vacuumed daily, except for meeting rooms that are not used on a
daily basis. All rooms shall be cleaned after each use. Tactile surfaces, including switch covers, door
handles, doorframes and telephones shall be cleaned and disinfected daily.
C. Water fountains, if provided, shall be made of easily cleanable materials, and shall be cleaned
and sanitized daily. The flow of water must crest at least two inches above the top of the mouth guard.
D. Ice provided for guests shall be produced, stored, and dispensed in a sanitary manner, and
shall be protected from becoming contaminated through guest self-service contact with the ice or the interior
of the ice storage unit. Open ice bins shall not be used.
E. All reusable ice buckets provided for the use of the guests shall be made of an impervious,
smooth, easily cleanable material. Buckets shall be washed, rinsed, and sanitized after being used by guests.
Buckets shall be stored so as to protect them from contamination. Liners shall be changed daily if used in
the buckets.
(6) Utensils shall be washed and sanitized after each use and stored in a sanitary manner. All
utensils shall be cleaned and sanitized in a mechanical dishwasher, or in a three compartment sink in which
the utensils shall be washed in hot soapy water, rinsed in clean water, and then rinsed in a sanitizing
solution.
(7) Mold.
A. All common areas of the hotel shall be inspected as often as necessary to determine if water or
mold has damaged materials such as wall covering, drywall, or particle board.
B. If mold is found, the contaminated area shall not be used until the mold contamination has
been properly remediated, following the current guidelines in the New York City Health Department
“Guidelines for the Remediation of Mold and Fungi in Indoor Environments”.
(Ord. 2006-01. Passed 1-3-06.)
1347.06 GUEST ROOMS.
(a) Bedding.
(1) Each guest room shall be equipped with at least one mattress and foundation. Mattresses and
foundations shall be kept clean, with no tears or other damage and shall be free from stains and soiling.
Mattresses or foundations that are stained with blood or other bodily fluids shall be immediately removed and
disposed of in a safe and sanitary manner.
(2) Sheets and pillowcases shall be laundered after each use by a guest. Mattress pads shall be
laundered if they are odorous, exhibit evidence of perspiration or other bodily fluids, or become soiled. Bed
linens that are used by the same guest for more than one day shall be changed at least three times a week, or
more often if they are heavily soiled.
(3) Comforters and blankets shall be kept clean. They shall be washed frequently. Pillows shall be
clean and free from odors and stains. Stained or soiled pillows shall be immediately removed and disposed
of in a sanitary manner.
(b) Walls and Floors.
(1) All of the surfaces in the sleeping room, including floors, walls, ceilings, and ventilation grills,
shall be maintained in good condition, and composed of materials that are easily cleanable.
(2) Carpeting shall be well secured to the floor, shall lie flat, and be free from rips, torn edges,
odors, or excessive staining.
(3) There shall be sufficient natural or artificial light in the guest room at all times to provide for
proper cleaning, reading, safety, and the comfort of the guests.
(4) Linoleum and tile shall be secured to the floor, and shall not be severely cracked or broken.
(5) Baseboards or cove base shall be installed in every sleeping room and bathroom and shall be
firmly attached to the walls.
(c) Cleaning.
(1) Doors, doorframes and handles, switch covers, telephones, and remote controls shall be cleaned
daily with a disinfectant cleaner whenever the guest room is in use or it is anticipated to be used.
(2) Walls, carpeting, baseboards, window frames, and other surfaces shall be cleaned whenever they
become dirty or tobacco smoke residue is observed.
(3) Horizontal surfaces, lampshades, draperies, and other furnishings shall be clean and free from
dust or dirt.
(4) Carpeting shall be thoroughly vacuumed daily. Food residue, bodily fluids, and excessive soil
shall be immediately spot cleaned. Carpeting behind and under room furnishings and in corners shall be
cleaned at least once every week.
(5) The interior and exterior of microwave ovens and refrigerators, if permitted by the City Building
Official, shall be cleaned daily to remove food residue and dirt.
(6) Refrigerators shall maintain an internal temperature of forty-five degrees Fahrenheit (45° F) or
lower when in operation.
(7) The interior of microwave ovens shall be smooth and free from rust, exposed metal, or evidence
of burning or scorching. The microwave door shall seal tightly and the door window shall be intact.
(d) Heating Units.
(1) Heating and air conditioning units shall be maintained in operable condition at all times. All
heating and air conditioning units shall be of sufficient size and configuration to allow them to rapidly heat
the air and maintain a minimum room temperature of 72 degrees Fahrenheit (72° F). All controls for the
unit shall be operable, and the switches, buttons, or knobs for the control shall be in place.
(2) Heating and air conditioner filters, covers, coils, and condenser pans shall be clean and free from
dirt, bacteria and debris.
(3) Condenser pans shall be equipped with a functioning condensate drain, which shall be directed to
the exterior of the building or be plumbed into the building’s plumbing system.
(4) Heating and air conditioning unit grilles, filters and cabinets shall be intact, secure and in good
repair.
(e) Electrical Inspections. Before providing small electrical appliances for the use by guests, the owner
or authorized agent shall have the electrical service in the facility inspected and approved by the City
Building Official or a certified building inspector.
(f) Bathrooms.
(1) Every guest room shall be equipped with an adjacent toilet room and plumbing fixtures as
required in the applicable provisions of Ohio Administrative Code Chapter 4101 (Ohio Building Code). No
modifications to the plumbing shall take place unless and until the City Building Official approves them.
(2) Walls, floors, ceilings, doors, doorframes, door handles, plumbing fixtures, toilet handles,
lighting fixtures, switch covers, finish materials, and vanities shall be composed of materials that are smooth
and easily cleanable.
(3) Floors, ceilings, vanities, and light fixtures shall be maintained in good condition, and they shall
be free from soil, dirt, tobacco smoke residue, and dust.
(4) Door handles, doorframes, switch covers, toilet handles, and other tactile surfaces shall be
cleaned and disinfected daily.
(5) Bathtubs, showers and lavatories shall provide hot and cold water in sufficient quantity and
pressure to permit bathing and hand washing in compliance with accepted engineering standards.
(6) Soap, clean towels, and washcloths shall be available at all times.
(7) Toilets shall fill and flush properly at all times. The exterior, interior, and base of the toilet
bowl, and the toilet seat shall be cleaned daily with a disinfectant cleaner. The toilet seat shall be secure,
smooth, and easily cleanable. Toilet paper shall be available to the guests at all times.
(8) Bathroom lighting shall be sufficient to provide for adequate cleaning, and for the safety and
comfort of the guests.
(9) Bathrooms that exhibit evidence of moisture damage or mold, or which contain odors shall be
equipped with a mechanical ventilation system that adequately displaces humid air and odors from the
bathroom.
(10) The bathroom floor shall be swept and then mopped daily, using a disinfectant cleaner. The
bathroom floor shall be composed of a durable, easily cleanable material.
(11) Each bathroom shall be provided with a waste collection container that is made of durable
material, that is smooth and easily cleanable, and which is of adequate size for the number of guests
occupying the room.
(12) All electrical outlets within a six-foot proximity to water shall be protected by a Ground Fault
Current Interrupter.
(g) Mold.
(1) Guest rooms and bathrooms shall be inspected as often as necessary to determine if water or
mold has damaged materials such as wall covering, drywall, or particle board.
(2) If mold is found, the contaminated area shall not be used until the mold contamination has been
properly remediated, following the current guidelines in the New York City Health Department “Guidelines
for the Remediation of Mold and Fungi in Indoor Environments”.
(h) Animals.
(1) Owners or authorized agents who elect to permit pets upon the premises shall designate specific
rooms in the hotel, motel or extended stay hotel for that purpose. The doors to such rooms shall be so
labeled.
(2) Owners or authorized agents who elect to permit pets upon the premises shall also establish and
enforce rules to control pets within the property. No guest shall allow his or her pet to run at large or to
become a nuisance.
(3) Rooms in which animals have been kept by a guest shall be thoroughly cleaned and disinfected to
remove fur, dander, urine, feces, and other contamination. In the event that fleas are discovered in the
sleeping room, the room shall not be rented until the fleas have been eradicated by a licensed pest control
applicator.
(i) Solid Waste Disposal. At least one waste collection container shall be provided in each sleeping
room. The container shall be made of smooth and easily cleanable material. Solid waste shall be collected
and removed from the room each day.
(Ord. 2006-01. Passed 1-3-06.)
1347.07 WATER AND WASTEWATER.
(a) Water supplied to guest rooms and common areas of the hotel, motel or extended stay hotel shall be
from a source that is approved by the City of Grandview Heights and the Ohio Environmental Protection
Agency. An adequate supply of hot and cold water under sufficient pressure shall be provided for laundry,
handwashing, bathing, utensil washing and other purposes.
(b) Sewage from the hotel, motel, or extended stay hotel shall be properly disposed in a public sanitary
sewer or by treatment in an on-site sewage treatment facility that is approved by the Ohio Environmental
Protection Agency.
(Ord. 2006-01. Passed 1-3-06.)
1347.08 LAUNDRY.
(a) If laundry is washed at the hotel, motel, or extended stay hotel there shall be adequate capacity to
properly wash and dry all of the soiled linens that are generated daily.
(b) The floor, walls, shelving and tables in the laundry room shall be composed of a smooth, easily
cleaned material.
(c) Soiled laundry shall be isolated from clean linens.
(d) All laundry carts shall be constructed of an easily cleanable or washable material and shall be kept
clean.
(e) Linens shall be washed in hot water with a detergent and disinfectant.
(Ord. 2006-01. Passed 1-3-06.)
PART SEVENTEEN - HEALTH CODE
Chap. 1701.
Administration.
Chap. 1705.
Rabies Control Regulations.
Chap. 1709.
Food Establishment Regulations.
Chap. 1713.
Recycling Operations.
Chap. 1717.
Vicious and Dangerous Animals.
Chap. 1721.
Plan Review for Food Service and Operations.
Chap. 1725.
Dead Animals.
CHAPTER 1701
Administration
1701.01
1701.02
1701.03
Mission statement.
Rules for issuing orders and adopting regulations.
Fee structure.
CROSS REFERENCES
Composition; appointment; vacancies - see CHTR. Sec. 6.2
Rabies quarantine - see Ohio R.C. 955.26
Powers and nuisances - see Ohio R.C. 3707.01 et seq., 3709.36
Enforcement of orders - see Ohio R.C. 3707.02, 3707.48 et seq., 3707.99
Quarantine and communicable diseases - see Ohio R.C. 3707.04 et seq.
Inspections of food and food products - see Ohio R.C. 3707.33 et seq.
1701.01 MISSION STATEMENT.
(a) The City of Grandview Heights Board of Health has as its mission the promotion, regulation, and
procedural procurement of the public safety and health. It is our belief that all citizens within our
jurisdiction, regardless of economic, mental or logistical abilities, are entitled to competent health services.
(b) To effectively meet the health care needs of our citizens, the City of Grandview Heights Board of
Health discharges its responsibilities or by contractual agreements with other agencies by:
(1) Determining health status and health needs of the City.
(2) Providing preventive and therapeutic health services.
(3) Monitoring and controlling environmental factors that could have an impact on the quality of
health for our citizens.
(4) Providing health promotion and health education services that motivate individuals and groups to
adopt healthier lifestyles.
(5) Monitoring the effectiveness of community efforts to control health problems and advocating for
solutions to correct problems.
(Res. 01-94. Passed 2-17-94.)
1701.02 RULES FOR ISSUING ORDERS AND ADOPTING REGULATIONS.
(a) General Provisions. The Board of Health may make such orders and regulations as are necessary
for its own government, for the public health, the prevention or restriction of disease, and the prevention,
abatement, or suppression of nuisances. Orders and regulations not for the government of the Board, but
intended for the general public, shall be adopted, advertised, recorded, and certified as are ordinances of
municipal corporations and record thereof shall be given in all courts the same effect as is given such
ordinances. In cases of emergency caused by epidemics of contagious or infectious diseases, or conditions
or events endangering the public health, the Board may declare such orders and regulations to be emergency
measures, and such orders and regulations shall become effective immediately without such advertising,
recording and certifying.
(b) Readings of Orders and Regulations.
(1) Each order and regulation shall be read by title only by the Clerk of the Board, provided the
Board may require the reading to be in full by a majority of its members.
(2) Each order and regulation shall be read on three different days, provided the Board may dispense
with this rule by a vote of three-fourths of its members (four votes). (See (b)(6).)
(3) The vote on the passage of each order or regulation shall be taken by ayes and nays and entered
upon the official minutes.
(4) Each order or regulation shall be passed by a vote of at least a majority of all the members of the
Board (three votes).
(5) Action by the Board, not required by law to be by order or regulation, may be taken by motion
approved by at least a majority of the members present at the meeting when the action is taken.
(6) The Board may suspend the rules established by State law requiring readings of orders and
regulations on three different days by a three- fourths vote of all members appointed to the Board of Health
(four votes). The vote must be taken by ayes and nays on each order or regulation, entered on the official
minutes. If the rules are suspended, the Board may then immediately vote on the issue or legislation.
(c) Emergency Orders and Regulations. In cases of emergency caused by epidemics of contagious or
infectious diseases, or conditions or events endangering the public health, the Board may declare orders and
regulations to be emergency measures. Emergency orders and regulations become effective immediately
without the publication, recording, and certifying described below. Emergency orders and regulations shall
include the words “and to declare it an emergency” in the title. Also, a clause describing the emergency and
why it is necessary for preserving the health, safety and peace of the community must be included in the
body of the order or regulation.
(d) Authentication. After the regulation or order is adopted, it shall be authenticated by the signature
of the President and clerk of the Board. The date of adoption shall also be recorded on the document.
(e) Recording. After an order or regulation is authenticated, it shall be recorded by the Clerk in a book
kept for that purpose.
(f) Publication After Adoption. Before an order or regulation becomes effective, a succinct summary
shall be published in the local newspaper once a week for two consecutive weeks. The succinct summary
shall be prepared by the City Attorney. The publication shall contain a notice that the complete text may be
obtained or viewed at the Municipal Building between the hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday. After publication of the summary, the Clerk of the Board shall supply the complete text of the
regulations to any person upon request. The Clerk shall also post a copy of the full text of the order or
regulation on the bulletin board located in the lobby of the Municipal Building. The Clerk shall charge a
reasonable fee, which is twenty-five cents (25¢) per page, for each copy supplied to persons requesting the
full text of the regulation.
(g) Proof and Certification of Publication.
(1) The Clerk of the Board shall secure proof of the required publication by obtaining an affidavit by
the publisher of the newspaper stating the dates of publication and that the paper is published and of general
circulation within the City. A sample form for the proof of publication is set forth in Exhibit A.
(2) Immediately after the expiration of the period of publication of the regulations or summaries, the
Clerk of the Board shall certify the publication of the summary of the order or regulation. Certification is
done by means of a certification statement containing the name of the newspaper and the date of publication.
(3) The statement must be placed on the original order or regulation. The Clerk shall sign the
statement, which is prima facie evidence that legal publication of the order or regulation was made. A
sample certification statement is set forth in Exhibit B.
(h) Adoption by Incorporation by Reference. The Board may adopt regulations to incorporate technical
codes prepared by the State or any department, board or agency thereof, or codes prepared by public or
private organizations (e.g. model codes). The publication required shall clearly identify such code, shall
state its purpose, shall state that a complete copy of such code is on file with the Clerk of the Board for
inspection by the public, and also on file in the County Law Library and that the Clerk has copies available
for distribution to the public at cost. If the Board amends or deletes any provisions of such code, the
publications shall contain a brief summary of such deletion or amendment prepared by the City Attorney.
(1) The regulation which incorporates the standard code by reference must be adopted and published
by the Board in the same manner as outlined for any other regulation.
(2) If any emergency regulation incorporates a standard ordinance or code by reference, the
regulation subsequently shall be published in accordance with this section to become valid.
(i) Effective Date. Non-emergency regulations of the Board take effect ten days after the date of first
publication.
(j) General Outline of Regulation.
(1) Title. The regulation shall have a title. The subject of the regulation shall be expressed clearly
in the title, and the regulation shall not contain more than one subject. If the regulation is an emergency
measure, it should contain the phrase at the end of the title, “and to declare it an emergency”.
(2) Style clause. The style clause shall follow the title and read as follows: “Be it ordained by the
Board of Health of the City of Grandview Heights Health District, State of Ohio”.
(3) Body of regulation. The body is where the procedures to be followed and the requirements are
set out, including definitions, authorization to inspect, enforcement procedure, requirements, duties and
standards, penalty clause, severability clause, and emergency clause.
(4) Date of adoption. The date of adoption shall be shown on the regulation with the following
language: “Adopted by the Board of Health of the City of Grandview Heights Health District this day of
, 199
“.
(5) Signature lines. There shall be a space under the body of the regulation for the signatures of the
President and Clerk of the Board of Health.
moved and
seconded that these rules be adopted to take effect immediately.
Voting Aye: Voting Nay:
Adopted by the Board of Health of the City of Grandview Heights Health District this
President
Clerk
(Res. 03-94. Passed 2-17-94.)
day of , 199 .
1701.03 FEE STRUCTURE.
(a) Commercial.
0 - 24 seats
$ 140.00
25 - 99 seats 185.00
100 - 199 seats 245.00
200 or more seats 295.00
Caterer 295.00
(b) Non-Commercial.
Government, schools and non-profit youth $ 75.00
501-C3 organizations
75.00
(Letter from IRS must accompany application confirming 501-C3 status)
Joint vocational school
33.00
Mobile
125.00
Temporary food service license
10.00 (per day)
(Res. 04-94. Passed 2-17-94.)
CHAPTER 1705
Rabies Control Regulations
1705.01
1705.02
1705.03
1705.04
1705.05
1705.06
1705.07
1705.08
1705.09
1705.10
1705.11
Definitions.
Quarantine.
Control reports, observations, examinations and disposition.
Immunization.
Administration.
Penalties.
Wild and feral animals.
Enforcement.
Unconstitutionality clause.
Animal bite reporting procedure.
Communicable disease rules relating to rabies.
CROSS REFERENCES
Animal bites; reports - see GEN. OFF. 505.19
(a) “Contact” means any susceptible animal that directly or indirectly has come in contact with a rabid,
or suspected rabid animal.
(b) “Dangerous animal” means any animal which in the opinion of the Health Commissioner represents
a danger to the health, welfare and safety of the public as measured by infectious disease status, viciousness,
poisonous status, capability of rendering bodily harm and property damage and manner of confinement
and/or restraint.
(c) “Exotic animal” means other wild animals not indigenous to Ohio.
(d) “Feral” means any susceptible domestic animal living in the wild state.
(e) “Health Commissioner” means the Health Commissioner of the City of Grandview Heights Board of
Health or his authorized representative.
(f) “Human exposure” means all persons having been bitten by or having contact with a susceptible
animal.
(g) “Immunization” means the administration of a biological product recommended in the U.S. Public
Health Service Center for Disease Control Animal Rabies Vaccine Compendium and licensed by the U.S.
Department of Agriculture and deemed adequate to provide protection to the animal so vaccinated rabies.
(h) “Isolation” means the placing of a rabid animal or suspected rabid animal or a contact separate and
apart from all other susceptible animals or persons so that the transmission of rabies is impossible.
(i) “Person” means person, firm, corporation or association.
(j) “Pocket pets” means small pets such as hamsters, gerbils, guinea pigs, domestic rabbits, white rats,
mice, etc.
(k) “Prohibited animals” means any poisonous insects, amphibious, or reptiles, including those whose
fangs or poison sacs have been removed or neutralized.
(l) “Quarantine” is the limitation of freedom of movement of rabid or suspected rabid animals or
contact for a period of time equal to the longest usual incubation period of the disease, in such manner as to
prevent the spread of the rabies virus. Quarantine includes:
(1) The isolation of the animal.
(2) The control of contacts.
(m) “Rabid animal” means any animal showing observable clinical signs of rabies or which has been
confirmed as having rabies by a laboratory acceptable to the Health Commissioner.
(n) “Stray” means any susceptible animal whose owner cannot be determined or one that cannot be
apprehended and isolated for observation.
(o) “Susceptible animal” means any animal to which rabies can be transmitted.
(p) “Suspected rabid animal” means a susceptible animal showing, to a limited degree, observable
clinical signs of rabies or a susceptible animal that has bitten a person or has come in contact with a person in
such manner that rabies could be transmitted to that person.
(q) “Veterinarian” means a veterinarian duly licensed under the laws of the State of Ohio.
(r) “Wild animal” means any warm blooded non-domestic animal which is indigenous to the State of
Ohio and capable of transmitting rabies.
(Res. 07-94. Passed 4-21-94.)
1705.02 QUARANTINE.
(a) Animals confined indoors must be confined to a house, building or other enclosure in such a way
that human contact other than with the owner and/or owners cannot occur.
(b) Animals confined outdoors must only be by leash and under direct supervision of a qualified adult or
confined in a kennel with a six foot high fence with an enclosed top, suitable to the City of Grandview
Heights Board of Health.
(c) Confinement may be obtained at the Franklin County Animal Shelter for a ten day period, at a daily
charge to the owner.
(d) If the Department of Animal Control confines the animal due to running-at-large or not under owner
control, the animal will not be released until the quarantine period is over and the daily confinement cost is
paid.
(Res. 07-94. Passed 4-21-94.)
1705.03 CONTROL REPORTS, OBSERVATIONS, EXAMINATIONS AND DISPOSITION.
(a) Veterinarians, owners or person caring for an animal shall promptly report to the Health
Commissioner all cases of rabid or suspected rabid animals. If no veterinarian is in attendance of a rapid or
suspected animal, the owner or person caring for the animal shall make the report to the Health
Commissioner as soon as possible.
(b) If there is any doubt as to the diagnosis, the attending veterinarian, owner or person caring for the
animal, shall, after the death of the animal, deliver to the laboratory of the Ohio Department of Health or
other recognized laboratory, the head or carcass of the suspected rabid animal for examination and laboratory
diagnosis.
(c) The veterinarian, owner or person caring for the rabid or suspected rabid animal or contact shall
give the Health Commissioner all data pertaining to the animal. This data shall include the name and
addresses of all persons having been bitten or having contact with the animals; names and addresses of the
owners or persons caring for animals bitten by or having contact with the rabid or suspected rabid animal;
chances of infection and any other pertinent information.
(d) All rabid animals shall be destroyed by some suitable and acceptable humane method. All
suspected rabid animals, with the exception of wild and feral animals, shall be held in isolation under
observation in a place suitable to the Health Commissioner for a period of not less than ten days or more than
180 days, in order to determine the development of observable clinical signs of rabies.
(e) All animal contacts shall be destroyed by some suitable and acceptable humane method or shall be
held in quarantine for at least 180 days, under observation, until observable clinical signs of rabies develop.
This quarantine shall be held in some place authorized by the Health Commissioner, where no persons or
susceptible animal can come in contact with the possible rabid animal.
(f) The place of keeping and the premises where a rabid animal has been quartered shall be cleaned and
disinfected to the satisfaction of the Health Commissioner.
(g) Whenever a person is bitten by a susceptible animal, prompt report of such bite shall be made to the
Health Commissioner. The report herein required shall be made by the physician attending the person
bitten, or, if such person is received at a hospital or other health care facility for treatment, the report herein
required shall be made by the person in charge of the hospital or health care facility. This report shall
include name, age, and address of the person bitten, the part of the body where the bite was inflicted, and if
known, the name and address of the owner or person caring for the animal inflicting the bite. When a
physician was not consulted or the person bitten was not taken to a hospital or other health care facility, the
report shall be made by the person bitten or any other person who has knowledge of the facts.
(h) Whenever a veterinarian is called upon to observe a susceptible animal that has bitten a person, he
shall promptly report the result of his observation to the Health Commissioner. Any susceptible animal
inflicting a bite on a person shall be placed in isolation on the owner’s premises or in a place deemed suitable
by the Health Commissioner until it is determined to the satisfaction of the Health Commissioner that the
animal is not affected with rabies. The isolation period shall not be less than ten days from the day the
person was bitten, and there shall be at least two observations made by a veterinarian or health department
representative. A veterinarian or health department representative shall make the final observation on the
tenth day of the isolation period whenever possible.
(i) When a report is made to the Health Commissioner of a person bitten by a susceptible animal, the
Health Commissioner shall notify the owner or a person caring for the animal inflicting the bite that this
animal shall be held in quarantine for at least ten days from the date of the bite and that at least two
observations shall be made by a veterinarian or a health department representative. The quarantine shall
remain in effect until final observation is made by a veterinarian or health department representative. The
place of quarantine may be, if suitable, the premises of the owner or the person caring for the animal, a
veterinary hospital, or an animal shelter approved by the Health Commissioner. All susceptible animals
held under such quarantine shall be boarded and cared for at the expense of the owner or person caring for
the animal.
(j) Any anti-rabies treatment given in Franklin County must be administered in accordance with the
recommendations of the U.S. Department of Health, Education and Welfare Center for Disease Control.
(Res. 07-94. Passed 4-21-94.)
1705.04 IMMUNIZATION.
(a) Any person who keeps or harbors dogs or cats, within the jurisdiction of the City of Grandview
Heights Board of Health shall have such dogs or cats immunized or reimmunized against rabies by a method
listed in the U.S. Department of Health, Education and Welfare Center for Disease Control Animal Rabies
Vaccine Compendium or any other method approved by the Health Commissioner, provided that dogs or cats
need not be immunized before reaching the age of three months, provided further that dogs or cats entering
this jurisdiction temporarily for dog or cats shows, exhibition and/or breeding purposes shall not be allowed
out of the owner’s, keeper’s, or handler’s control unless properly immunized.
All dogs or cats entering this jurisdiction for field trials or purposes, or any other purpose, shall be
properly immunized, and immunized dogs and cats shall be accompanied by an immunization certificate or
certified acknowledgement by the veterinarian that has immunized the dog or cat.
(b) All veterinarians immunizing or re-immunizing dogs against rabies shall keep a record of such
immunization or re-immunization and shall, without delay, give to the owner or keeper of the dog
immunized or re-immunized a certificate of immunization which shall include a number identifying the
individual record, a complete description of the dog, place where the dog is kept or harbored, name of
owner, keeper or harborer of the dog and his/her address, date and type of immunization or re-immunization
and such other pertinent information as is needed and the signature and address of the veterinarian. The
veterinarian shall also, without delay, forward the information required on the certificate described in this
section to any agency authorized by the Health Commissioner.
(c) The certificate described in subsection (b) hereof shall be made on forms provided and approved by
the Health Commissioner or the agency authorized by the Board of Health.
(d) Nothing in this section shall be interpreted to mean that dogs or cats immunized or re-immunized
shall be allowed to run at large in violation of any rabies quarantine, law, ordinance, or regulation.
(e) All veterinarians who immunized or re-immunized a dog against rabies shall provide a tag approved
by the Health Commissioner which shall have thereon permanently affixed the year of immunization or
re-immunization and the number indicating the record prescribed in subsection (b) hereof. Such tag shall be
securely fastened to the collar and/or harness worn by the dog.
(f) All veterinarians immunizing or re-immunizing cats against rabies shall keep a record of such
immunization or re-immunization and shall without delay give the owner or keeper of the cat immunized or
re-immunized a certificate of immunization which shall include a number identifying the individual record, a
complete description of the cat, place where the cat is kept or harbored, name of the owner, keeper, or
harborer of the cat and his/her address, date and type of immunization or re-immunization and such other
pertinent information as is needed, along with the signature and address of the veterinarian. The
veterinarian shall also, without delay, forward the information as is needed, along with the signature and
address of the veterinarian. The veterinarian shall also, without delay, forward the information required on
the certificate described in this section to the Health Commissioner.
(Res. 07-94. Passed 4-21-94.)
1705.05 ADMINISTRATION.
(a) The Board of Health may appoint and authorize any agency for the purpose of administration and
enforcement of the health regulation concerning immunizations of dogs against rabies.
(b) The City of Grandview Heights Board of Health or the agency authorized by it shall furnish and
supply all forms, records, equipment, and materials used in the administration and enforcement of the health
regulations concerning immunization of dogs against rabies.
(c) State quarantine provisions:
Whenever in the judgment of the city or general health district board of health, or persons performing the
duties of a board of health, that rabies is prevalent, such board or persons performing the duties of such
board, shall declare a quarantine of all dogs in the health district, or part thereof. During such quarantine,
the owner, keeper, or harborer of any dogs shall keep the dogs confined to the premises of the owner,
keeper, or harborer, or in a suitable pound or kennel, if such a pound or kennel is provided by the city or
county; provided, a dog may be permitted to leave the premises of the owner, keeper, or harborer if under
leash or under the control of a responsible person. The quarantine order shall be considered an emergency
and need not be published.
When a quarantine of dogs has been declared in any health district, or part thereof, the county dog warden
and all other persons having the authority of police officers shall assist the health authorities in enforcing this
quarantine order.
No person shall violate a rabies quarantine order issued under Ohio R.C. 955.26.
(Res. 07-94. Passed 4-21-94.)
1705.06 PENALTIES.
Each and every violation of the provision of these rule and regulation shall constitute a separate offense.
Violation of these rule and regulation is punishable by Ohio R.C. 3707.00 (c) which is as follows:
“Whoever violates Section 3707.48 of the Ohio Revised Code is guilty of a minor
misdemeanor on a first offense; on each subsequent offense such person is guilty of a
misdemeanor of the fourth degree.”
(Res. 07-94. Passed 4-21-94.)
1705.07 WILD AND FERAL ANIMALS.
(a) No person shall be permitted:
(1) To harbor, feed or sell wild animals native to the State of Ohio including, but not limited to,
foxes, skunks, raccoons, opossums, squirrels, weasels, ferrets, etc. (Wildlife).
(2) To import into the City of Grandview Heights Board of Health jurisdiction any such wild
animals.
(3) To import, sell, harbor, or feed within the jurisdiction of the City of Grandview Heights Board
of Health other type of wild or dangerous animals, including exotic animals not native to the State of Ohio.
(4) To perform surgery or other techniques on a wild animal for the purpose of domesticating it,
such as but not limited to, neutering, spaying, or removing scent glands.
(5) To immunize wild animals against rabies.
(b) This section does not apply to the following exemptions and special provisions:
(1) The term wild animal does not include domesticated mice, rabbits, hamsters, rats, guinea pigs,
gerbils, etc. (Pocket pets).
(2) Wild animals purchased or adopted prior to the adoption of this section providing:
A. That a bill of sale and/or license issued by the Ohio Department of Natural Resources,
Division of Wildlife, which verifies this date, can be provided.
B. That such wild animals can be confined in a house, building or other enclosure in such a way
that human contact, other than the owner(s) cannot occur.
C. Wild animals held for exhibit or use by research institutions and other governmental Agencies
having legal authority to possess wild animals, publicly supported zoos, circuses, or extensions thereof.
(c) Disposition of animals:
(1) In the event of a human exposure with any wild or feral animal, the animal shall be impounded
for sacrifice as soon as possible, to permit laboratory examination for rabies.
(d) Whoever violates any provision of subsection (b), (c) and/or (d) hereof or any order of the City of
Grandview Heights Board of Health in pursuance thereof, or obstructs or interferes with the execution of
such order, or willfully or illegally omits to obey such order shall be prosecuted under applicable Ohio R.C.
3709.99 C.
(Res. 07-94. Passed 4-21-94.)
These sections shall be enforced by the Health Commissioner in accordance with the regulations as written
in Ohio R.C. 3707.48, which is as follows:
“No person shall violate Sections 3707.48 to 3707.53, inclusive, of the Ohio Revised Code, or
any order or regulation of the board of health of a city or general health district made in
pursuance thereof, obstruct or interfere with the execution of such order, or willfully or
illegally omit to obey such order.”
(Res. 07-94. Passed 4-21-94.)
1705.09 UNCONSTITUTIONALITY CLAUSE.
Should any section, paragraph, sentence, clause, or phrase of this section be declared unconstitutional or
invalid for any reason, the remainder of said regulation shall not be affected thereby.
(Res. 07-94. Passed 4-21-94.)
1705.10 ANIMAL BITE REPORTING PROCEDURE.
(a) Section 3701-3-02 of the Ohio Administrative Code requires all animal bites to be reported to the
local health department.
(b) When a report of a bite is received, fill out the “Animal Bite” card as completely as possible.
Along with the type of animal, also get a description, i.e. long haired, brown and white toy terrier. If the
rabies tag number is available, make certain the expiration date is obtained. Note the location the animal is
being kept. Also note if the bite occurred off the owners premises. If the animal is at home, it must be
quarantined. If it is going to the animal shelter, or if it was picked up by the Animal Warden, the animal
must stay confined at the shelter for the remainder of the quarantine period. The owner will be charged the
kennel fee established by the Franklin County Animal Control Department. The animal will not be released
until permission is given by the health department, and is currently up to date on rabies vaccination.
(c) Stray Animals: If the whereabouts of the animal are not known, get as complete a description as
possible. Fill out stray animal form and give to Administrative Secretary. This information is mailed to the
media in order to get the information on the air. It is the decision of the bitten party’s physician as to the
steps to be taken to ensure their safety.
(d) Animals on Home Quarantine: Sanitarians will fill out quarantine form with the yellow copy going
to Animal Control, the pink copy is attached to the animal bite card and the white copy goes to the owner of
the animal. If personal contact is not made with the owner, the sanitarian must follow-up with a phone call.
(e) At the end of confinement (ten days from the date of the bite), either a representative of the health
department or certified veterinarian must see the animal. Proof of rabies vaccination must be obtained prior
to release from quarantine. Animals may not receive any vaccinations or medications during quarantine
without permission of the Health Commissioner. Should this occur, confinement time may be extended a
minimum of thirty days. The bitten party is to be notified that we cannot determine if the animal is free of
rabies.
(f) The Sanitarian will call the bitten party after the animal is released from quarantine, and report the
condition of the animal. If the bitten party’s physician feels post- exposure shots are indicated, the physician
shall write a prescription and call the Franklin County Board of Health’s Nursing Director. A purchase
order is then obtained from the Franklin County Commissioners. The serum is obtained from the Ohio State
University (paid for by the county commissioners). The bitten party then brings in the prescription and
picks up the serum. This service is available to any resident of Franklin County.
(g) If the animal was sacrificed at the Franklin County Animal Shelter, the head is picked up by the
Sanitarian. The Sanitarian is to sign the Franklin County Animal Control Department records. A lab slip is
filled out and the head is taken to the Ohio Department of Health Laboratory. (See Head Removal
Procedure). After the brains have been analyzed, the lab calls this department with the results and returns
the analysis form. The animal bite card is pulled, the results are recorded, and the bitten party is notified
with a phone call. The date and time of the phone call is recorded on the animal bite card. The results are
then logged into the computer. The card is then placed in the permanent file under the owner’s last name.
If the animal is a stray or wild, file card under the bitten party’s name.
(h) Any wild, feral, or exotic animals involved in a human bite must be sacrificed immediately, and the
head submitted to the lab for analysis.
(i) If the animal demonstrates any clinical signs of rabies, (i.e. limping, rejection of food or water,
mood change, unexplained behavior changes, etc.) the animal should be sacrificed for lab analysis. The
bitten party is given recommendations to begin post-exposure shots. Series can be stopped if analysis result
is negative.
(j) If the animal is killed or dies during quarantine, the brains must be submitted to the lab for analysis.
If the animal “disappears”, the bitten party must be notified and advised to confer with their physician
regarding post-exposure shots.
(k) If the bitten party has been bitten by a bat or skunk, shots should begin immediately if the animal
cannot be checked.
(Res. 07-94. Passed 4-21-94.)
1705.11 COMMUNICABLE DISEASE RULES RELATING TO RABIES.
(a) Report of Bite of Dog or Other Animal. Whenever a person is bitten by a dog or other animal,
report of such bite shall be made within twenty-four hours to the Health Commissioner of the district in
which such bite occurred. The report herein required shall be made in the same manner and by the same
persons made responsible for reporting diseases listed as Class A in Rule 3701-3-02, of the Ohio
Administrative Code, or by the person bitten.
(1) Biting dog or cat.
A. Whenever it is reported to the Health Commissioner of a health district that any dog or cat has
bitten a person, that dog or cat shall be quarantined under an order issued by the Health Commissioner of the
health district in which the bite was inflicted. The dog or cat shall be quarantined by its owner or by a
harborer, or shall be quarantined in a pound or kennel. In all cases, said quarantine shall be under the
supervision of the Health Commissioner and shall be at the expense of the owner or harborer. Quarantine
shall continue until the Health Commissioner of the health district in which the bite was inflicted determines
that the dog or cat is not afflicted with rabies. The quarantine period hereby required shall not be less than
ten days from the date on which the person was bitten. If any time during the quarantine the Health
Commissioner requires the dog or cat to be examined for symptoms of rabies, then the examination shall be
by a licensed doctor of veterinary medicine. The veterinarian shall report to the Health Commissioner the
conclusions reached as a result of the examinations. The examination by a veterinarian shall be released
from the required quarantine unless and until it has been properly vaccinated against rabies.
B. If any quarantined dog or cat dies before the quarantine period expires, then the head of the
animal shall be submitted to the Ohio Department of Health Laboratories for rabies examination.
C. If the owner or harborer of the dog or cat is unknown, the Health Commissioner may direct
that the dog or cat be sacrificed, in which case the head of the animal shall be submitted to the Ohio
Department of Health Laboratories for rabies examination.
(2) Other biting animals. Whenever it is reported to the Health Commissioner of the health district
that any animal that is commonly known to transmit rabies has bitten a person, the Health Commissioner, at
his/her discretion, may direct the immediate sacrificing of said animal by a suitable humane method. The
head of said animal shall then be submitted to the Ohio Department of Health Laboratories for rabies
examination.
(b) Report of Suspected Rabid Animal. Any veterinarian or other person who examines, treats, owns,
harbors, or otherwise cares for any animal which exhibits symptoms or behavior suggestive of rabies, shall
confine and isolate such animal in suitable quarters and shall report such fact within twenty-four hours to
the health commissioner of the health district wherein such animal is confined. Such animal shall be
confined until it has been determined that it is not affected with rabies. If it is determined that the animal is
rabid, the health commissioner shall take such position as is necessary to prevent the occurrence of rabies in
persons known or presumed to have been exposed to such rabid animal.
(Res. 07-94. Passed 4-21-94.)
CHAPTER 1709
Food Establishment Regulations
1709.01 Definitions.
1709.02 General.
1709.03 Review of plans.
1709.04 Permits required.
1709.05 Permit fee.
1709.06 Inspections; licensed food service operation and food establishment public health signage
requirement.
1709.07 Enforcement.
1709.08 Food.
1709.09 Food protection.
1709.10 Personnel.
1709.11 Equipment and utensils.
1709.12 Safety and adequacy of water supply.
1709.13 Sewage disposal.
1709.14 Plumbing.
1709.15 Toilet and handwashing facilities.
1709.16 Garbage and refuse disposal.
1709.17 Insect, rodent and animal control.
1709.18 Floors, walls and ceilings.
1709.19 Lighting.
1709.20 Room ventilation.
1709.21 Dressing rooms and locker areas.
1709.22 Miscellaneous.
1709.23 Applicability to existing operations.
1709.24 Temporary food establishment.
1709.25 Repeal and date of effect.
1709.26 Unconstitutionality clause.
1709.27 Variance.
1709.99 Penalty.
CROSS REFERENCES
Plan review for food service and operations - see HEALTH Ch. 1721
As used in this chapter:
(a) "Approved chemical sanitary product" is a product that has been registered with the United States
Environmental Protection Agency, does not require use of a final potable water rinse, and bears a label
claiming that it will sanitize food contact surfaces.
(b) “Approved detergent-sanitizer product" is a product in which all chemicals are compatible, which is
registered with the United States Environmental Protection Agency, does not require use of a final potable
water rinse, and bears a label claiming that it will clean and sanitize food contact surfaces.
(c) "Board of Health" means the Board of Health of the Franklin County Health District, as authorized
by Section 3709.05 of the Ohio Revised Code.
(d) "Bulk food" means processed or unprocessed food in aggregate containers from which quantities
desired by the consumer are withdrawn.
(e) "Consideration" means anything of value or of a benefit to the operator.
(f) "Corrosion-resistant materials" means those materials that maintain acceptable sanitary surface
characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds
and sanitizing solutions, and other conditions of the use environment.
(g) "Easily cleanable" means that surfaces are readily accessible and made of such materials and finish
and so fabricated that residue may be effectively removed by normal cleaning methods.
(h) "Employee" means the permit holder, individual having supervisory or management duties, person
on the payroll, family member, volunteer, person performing work under contractual agreement, or any
other person working in a food establishment.
(i) "Equipment" means items other than utensils used in the storage, preparation, display and
transportation of goods such as stoves, ovens, hoods, slicers, grinders, mixers, scales, meat blocks, tables,
food shelving, reach-in refrigerators and freezers, sinks, ice makers, and similar items. This definition does
not include fork lift trucks or dollies.
(j) "Food" means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or
intended for use or for sale, in whole or in part, for human consumption.
(k) "Food contact surfaces”, means those surfaces of equipment and utensils which, under normal
conditions, come into contact with food and those surfaces from which food may drain, drip, or splash back
onto surfaces normally in contact with food.
(l) "Food Establishment" means:
(1) Any place temporary or permanent, stationary or mobile, public or private, where food or drink
is prepared, processed, manufactured, packaged, stored, or offered for a consideration except;
A. Homes containing what is commonly known as the family unit and their non-paying guests.
B. Food service operations as defined in 3701-21 of the Ohio Administrative Code.
C. Grade A and Grade B milk producers, milk plants, milk processors, and milk haulers as
defined in Section 3707.371 of the Ohio Revised Code.
D. Type A and Type B family day-care homes as defined in Section 5104.01 of the Ohio Revised
Code.
E. Meat and poultry plants registered under Section 918.08 and 918.28 of the Ohio Revised
Code.
F. Vending machines dispensing foods, beverages, candies, confections, and/or nuts or the
location where these machines have been installed.
G. Establishments that have prepackaged, non-potentially hazardous foods such as candies, gums,
crackers, and drinks in cans, bottles, or cartons.
H. Roadside markets that offer only fresh fruits and fresh vegetables that are unprepared.
I. Non-profit organizations, churches, schools, fraternal, or veterans organizations selling
products on their premises; provided said products are sold on no more than five consecutive days or no
more than 52 separate days in one calendar year.
J. Non-profit organizations, churches, schools, veterans organizations selling products off their
premises; provided said products are pre-packaged, nonperishable, no processing or raw food handling is
carried on in the operations and said products are sold on no more than five consecutive days or no more
than fifty-two separate days in one calendar year.
K. Baked goods prepared in homes or any other non-permitted operation and presented as such.
Examples include breads, brownies, cakes, cookies, pastries.
(m) "Food Processing Establishment” means a commercial establishment in which food is manufactured
or packaged for human consumption under government supervision.
(n) "Health Commissioner" means the person occupying the office in the Franklin County Health
District which is created by Section 3709.11 of the Revised Code of Ohio, or an authorized representative.
(o) "Hermetically sealed container” means a container designed and intended to be secure against the
entry of microorganisms and to maintain the commercial sterility of its contents after processing. (Res. 1-95.
Passed 1-19-95.)
(p) “Inspection report” means the Standard Inspection Report, Critical Control Point Inspection Report,
and Process Review Inspection Report issued by Franklin County Public Health to the license holder or
proprietor following a standard health or safety inspection.
(q) “License holder” means the person, firm, association, corporation or entity to which the license for
the operation of the licensed facility was issued.
(Ord. 2012-08. Passed 5-7-12.)
(r) “Limited Food Establishments" means any place, whether temporary or permanent, stationary or
mobile, whether it be considered public, semi-public or private, where food or drink is sold, or offered for
sale where no food or drink is prepared, processed, manufactured, or packaged. Any place that uses any
utensil or equipment that requires cleaning such as slicers, spoons, knives, etc., would not be considered
a"Limited Food Establishment."
(s) "Mobile Food Establishment" means any unit where food is offered for sale and which may be
moved from one location to another without significant alteration of the structure or equipment of the unit
except:
(1) Mobile food service operations.
(t) "Mobile Food Service Operation” means any operation as defined in Section 3732.01(c) of the Ohio
Revised Code.
(u) "Packaged" means bottled, canned, bagged, securely wrapped, or in a carton.
(v) "Permit" means the document issued by the regulatory authority which authorizes a person to
operate a food establishment.
(Res. 1-95. Passed 1-19-95.)
(w) "Permittor" means the Franklin County Public Health.
(Ord. 2012-08. Passed 5-7-12.)
(x) “Person” means any political subdivision, special district, public or private corporation, individual,
firm, partnership, association, or any legal entity defined as a person under Section 1.59 of the Ohio Revised
Code.
(y) "Portion of the premises utilized for the food establishment" means and includes those portions of
the structure or building and any parts of the property used for food preparation, food serving, food storage,
and related purposes.
(z) “Potentially hazardous food” means any food or ingredient, natural or synthetic, in a form capable
of supporting (1) the rapid and progressive growth of infectious or toxigenic microorganisms or (2) the
slower growth of C.botulinum. Included is any food of animal origin, either raw or heat treated, and any
food of plant origin which has been treated or which is raw seed sprouts. Excluded are the following:
Foods with a water activity (aw) value of 0.85 or less;
Foods with a hydrogen ion concentration (pH) level of 4.6 or below;
Foods, in unopened hermetically sealed containers, which have been commercially processed
to achieve and maintain commercial sterility under conditions of non-refrigerated storage and
distribution; and
Foods for which laboratory evidence (acceptable to the regulatory authority) demonstrates that
rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth
of C.botulinum cannot occur.
(Res. 1-95. Passed 1-19-95.)
(aa) “Public Health Signage” means a placard issued by Franklin County Public Health to a License
Holder following a standard health or safety inspection, which shall be five and one half (5 ½ ) inches by four
and one quarter (4 1/4) inches in size, or of such other dimension as prescribed by the City.
(Ord. 2012-08. Passed 5-7-12.)
(bb) "Safe materials"means articles manufactured from or composed of materials that may not
reasonably be expected to directly or indirectly affect the characteristics of any food.
(cc) “Sanitization" means effective bactericidal treatment by a process that provides enough
accumulative heat or concentration of chemicals for enough time to reduce the bacterial count, including
pathogens, to a safe level on utensils and equipment.
(dd) "Sealed" means free of cracks or other openings that permit the entry or passage of moisture.
(ee) "Single-use container" means any container into which food has been packaged by the
manufacturer or packer which is of such construction as to render it difficult to clean and when empty, is to
be discarded. Examples of single-use containers include number ten cans, crinkled aluminum pie pans, bread
wrappers, plastic jugs with difficult to clean interiors, and similar containers.
(ff) “Tableware" means multi-use eating and drinking utensils.
(gg) "Temporary Food Establishment" means any place where food is offered for a consideration for a
single event, in one location, for a period of not more than five consecutive days except:
(1) Temporary Food Service Operations.
(hh) "Temporary Food Service Operation" means any operation as defined in Section 3732.01(d) of the
Ohio Revised Code.
(ii) "Transportation" (transported) means movement of food within the retail food establishment or
delivery of food from that retail food establishment to another place while under the control of the person in
charge.
(Res. 1-95. Passed 1-19-95.)
1709.02 GENERAL.
The Board of Health of the Franklin County Health District shall, subject to Section 3709.21 inclusive, of
the Ohio Revised Code adopt rules of the general application throughout the Health District governing food
establishments and provide uniform sanitation standards, and approval of plans, layout and equipment; except
that such regulations and standards shall be limited to the portion of the premise utilized for the food
establishment.
(Res. 1-95. Passed 1-19-95.)
1709.03 REVIEW OF PLANS.
(a) No person shall construct, install, provide, equip, or extensively alter a food establishment until the
plans for the food establishment have been submitted to and approved in writing by the permittor or
authorized representative except that food establishments offering only prepackaged non-perishable food in
original containers, and temporary stands shall be exempt from submitting plans for review. Within thirty
days of receipt of the plans, the permittor or authorized representative shall approve or disapprove them. The
plans and approval required under this section do not apply to repairs or ordinary maintenance that does not
substantially alter the structure or basic design of the food establishment.
(b) An application fee shall be levied upon each food establishment submitting plans for plan review.
The application fee shall be used solely for the administration and enforcement of the regulation adopted
there under.
(c) The plans and specifications shall be legible, be drawn reasonably to scale, and shall include:
(1) The type of operation proposed.
(2) The total area to be used for the food establishment.
(3) Entrances and exits.
(4) Location, number, and types of plumbing fixtures, including all water supply facilities.
(5) Plan of lighting.
(6) A floor plan showing the general layout of fixtures, equipment, building materials and surface
finishes to be used.
(7) An equipment list with equipment manufacturers and model numbers.
(d) All equipment used in a food establishment shall be a type approved by a recognized food equipment
testing agency, or if not addressed by these entities, approved by the permittor.
(Res. 1-95. Passed 1-19-95.)
(a) No person shall operate or maintain a food establishment without a permit issued by the permittor.
(b) Prior to operating a food establishment in the Franklin County Health District, every person shall
procure a permit for the food establishment and shall renew the permit on or before the first day of March
each year. However, a mobile food establishment or a temporary food establishment may obtain its permit at
any time before it begins operation of its food establishment during the permit year. If the permit fee as
prescribed by Section 713.05 of the Franklin County Food Establishment Regulations is not received by the
permittor on or before the date it is due, a penalty of twenty-five percent of such fee shall be imposed and
paid. In no event, shall a permit to operate a temporary food establishment be transferred. A person shall
obtain a separate permit for each temporary food establishment which it intends to operate provided that no
person shall operate temporary food establishments for more than twenty days or parts of a day in a year.
(c) Each permit issued shall be effective from the date of issuance until the last day of the permit year.
(Res. 1-95. Passed 1-19-95.)
1709.05 PERMIT FEE.
(a) An annual permit fee shall be levied upon each food establishment for the purpose of enforcing and
paying the expense of the inspection.
(b) Application for a food establishment permit shall be made on a form prescribed and furnished by the
permittor.
(c) A food establishment' s current permit shall be displayed in a conspicuous and public manner in the
establishment. A permit may be canceled by the permittor at any time for the violation of any provision of
this chapter.
(d) A food establishment' s current permit shall be made on a form prescribed and furnished by the
permittor.
(e) Fees authorized or charged under this section shall be in lieu of all food establishment permit and
inspection fees required by the permittor on or with respect to the operation of, ownership of, or employment
by food establishments within this Health District, except that the permittor may charge additional reasonable
fees for plan review and for the collection and bacterial examination of any necessary water or food samples
taken from a food establishment. The fee schedule shall be based on the total square footage area of the food
establishment as follows:
(1) Less than 2,500 square feet.
(2) 2,500 square feet to 9,999 square feet.
(3) 10,000 square feet or greater.
Fees for the following Food Establishment categories are not based on square footage:
(1) Mobile Food Establishment.
(2) Temporary Food Establishment.
(Res. 1-95. Passed 1-19-95.)
1709.06 INSPECTIONS; LICENSED FOOD SERVICE OPERATION AND FOOD
ESTABLISHMENT PUBLIC HEALTH SIGNAGE REQUIREMENT.
(a) Permittor may inspect or cause to be inspected and recorded on a form prescribed, at least once
annually, every Food Establishment, and for that purpose to have the right of entry thereto at any reasonable
time.
(b) At the completion of each inspection of a Food Establishment, Permittor shall issue and deliver the
inspection Report to the License Holder in accordance with the provisions of this chapter. Upon passage of
the Permittor’s inspection, every License Holder or Food Establishment shall obtain and display Public
Health Signage as defined in Section 1709.01(aa). Such signage shall designate when the Food
Establishment was inspected, how to find the Inspection Report on the Franklin County Public Health
website, and a phone number to call for more information.
(c) Upon receipt of the Public Health Signage, the License Holder, owner, manager, operator, or other
person in charge or control of the Food Establishment and shall continually maintain and display the most
recent Public Health Signage issued by Permittor until a more recent signage is issued, and further, shall post
only the most recent signage so as to ensure that it is clearly visible to the general public and to patrons
entering the Food Establishment. No License Holder, owner, manager, operator, or other person in charge
or control of the licensed facility shall cause or allow the signage to be altered, defaced, marred,
camouflaged, or hidden from view.
(d) The Public Health Signage shall be:
(1) Posted in the front window of the Food Establishment so as to be visible from outside and located
within five (5) feet of the front door and not less than four (4) feet or more than six (6) feet from the floor;
or
(2) Posted in a display case which is mounted on the outside front wall of the establishment and
located within five (5) feet of the front door and not less than four (4) feet or more than six (6) feet from the
floor; or
(3) Posted in a location as directed and determined at the discretion of Franklin County Public Health
to ensure proper notice to the general public and to patrons.
(e) In the event that the Food Establishment is operated in the same building or space as another
business, or in the event that a licensed facility shares a common patron entrance with another business, or in
the event of both, the Public Health Signage shall, unless otherwise directed by Permittor, be posted in the
initial patron contact area or in a location as directed and determined at the discretion of Permittor to ensure
proper notice to the general public and to patrons.
(f) Upon request, the License Holder, owner, manager, operator, or other person in charge or control
of the licensed facility shall make a copy of the Inspection Report available for review upon request,
including any violations that were noted during the inspection, and any additional comments written by the
sanitarian.
(Ord. 2012-08. Passed 5-7-12.)
(a) Whenever grounds exist for suspending or revoking a permit, such suspension or revocation shall
not take place until the permittor shall have first notified such permit holder in writing calling specific
attention to the infractions of this chapter. The permit holder will be advised that failure to correct the
infractions may lead to suspension or revocation of the permit. A reasonable time and opportunity will be
granted to correct the same. If such notice is not complied with, the permittor may suspend or revoke such
permit.
(b) In cases of emergency which involve immediate danger to the health and welfare of the public, the
permittor may issue a cease and desist order to the operation.
(c) The permittor may petition the prosecuting attorney of the county to prosecute to termination or
bring action for injunctive relief or both, against any person in violation of Sections 1709.01 to 1709.07
adopted there under.
(Res. 1-95. Passed 1-19-95.)
1709.08 FOOD.
(a) Wholesome and Approved Source.
(1) Food shall be wholesome, in sound condition, free from spoilage, filth, or other contamination,
and shall be safe for human consumption.
(2) Food shall be obtained from sources that comply with all laws relating to food and food products.
(3) The use of food in hermetically sealed containers must be from an approved source, and does not
include home canned food.
(4) Milk and milk products used, sold, or served shall be pasteurized and meet the standards
contained in rules adopted under Section 3707.372 of the Ohio Revised Code and shall be from sources
permitted under Section 3707.374 of the Ohio Revised Code. Dry milk and dry milk products shall be made
from pasteurized milk and milk products.
(5) Only the following egg products shall be used or sold:
A. Clean, whole eggs.
B. Pasteurized liquid, frozen or dry eggs.
C. Pasteurized dry eggs.
D. Hard-boiled, peeled eggs, commercially prepared and packaged.
(6) Only government-inspected meat shall be used or offered for sale in a food establishment.
(7) Only ice which has been manufactured from potable water and handled in a sanitary manner shall
be used or offered for sale. Ice offered for sale shall be packaged.
(8) Samples of food and other substances may be taken and examined by the permittor or its
authorized representative as often as necessary for the detection of unwholesomeness. The permittor or its
authorized representative shall notify the operator that the food establishment is prohibited by law from using
unwholesome food.
(9) Food prepared in a private home shall not be used or offered for sale except as outlined in
Section 1709.01(l)(1)K.
(b) Properly Labeled.
(1) All oysters, clams, and mussels shall be packaged in non-returnable packages identified with the
name and address of the original processor or packer. All oysters, clams, and mussels, if shucked, shall be
kept in the original containers in which they were received until they are used.
Each original container of unshucked shellfish (oysters, clams, or mussels) shall be
identified by an attached tag, to be retained for a period of 90 days, that states the
name and address of the original shellfish processor, the kind and quantity of shellfish,
and the certification number issued by the state or foreign shellfish control agency,
where applicable.
(2) Unless its identity is unmistakable, bulk food such as cooking oil, syrup. salt, or flour not stored
in the original container or package, shall be labeled identifying the food by common name.
(Res. 1-95. Passed 1-19-95.)
1709.09 FOOD PROTECTION .
(a) Potentially Hazardous Foods; Temperature Requirements.
(1) Potentially hazardous foods shall be kept at an internal temperature of 45°F or below, or at an
internal temperature of 140°F or above during storage, display, and transportation.
(2) Potentially hazardous frozen foods or foods intended for sale in a frozen state shall be kept frozen
and shall be stored at an air temperature of 0°F or below except for defrost cycles and brief periods of
loading or unloading. Frozen foods should be displayed below or behind product food lines according to
cabinet manufacturer' s specifications.
(3) Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to a
temperature of at least 140°F.
(4) Potentially hazardous foods requiring refrigeration shall be rapidly cooled to an internal
temperature of 45°F utilizing such methods as shallow pans, mechanical agitation, quick chilling, or water
circulation external to the food container so that the cooling period does not exceed four hours.
(5) Potentially hazardous foods that have been cooked and then refrigerated shall be reheated rapidly
to 165°F or higher throughout before being served or before being placed in a hot food storage facility,
except that rare roast beef may be reheated to 130°F. Steam tables, bains-marie, warmers and similar hot
food holding facilities not designed for rapid reheating are prohibited for the rapid reheating of potentially
hazardous foods.
(6) Non-dairy creaming, whitening, or whipping agents may be reconstituted on the premises only
when they do not exceed one gallon in capacity and are cooled to 45°F or below within four hours after
preparation.
(b) Sufficient Facilities To Maintain Product Temperature. Enough conveniently located hot holding
facilities, refrigeration facilities, or effectively insulated facilities shall be provided to assure maintenance of
potentially hazardous foods at the required temperature during storage, transportation, and display.
(c) Thermometers.
(1) Each refrigerated facility, storing potentially hazardous food shall be provided with a numerically
scaled indicating thermometer, accurate to ± 3°F, located to measure the air temperature in the warmest part
of the facility and located to be easily readable. Recording thermometers, accurate to ± 3º F, may be used
in lieu of indicating thermometers.
(2) Each hot food facility storing potentially hazardous food shall be provided with a numerically
scaled indicating thermometer, accurate to ± 3°F, located to measure the air in the coolest part of the facility
and located to be easily readable. Recording thermometers, accurate to ± 3°F, may be used in lieu of
indicating thermometers. lf it is impractical to install thermometers on equipment such as bains-marie, steam
tables, steam kettles, heat lamps, cal-rod units, or insulated food transport carriers, a metal stem-type,
numerically scaled product thermometer must be available and used to check the internal food temperature.
(3) Metal stem-type, numerically scaled product thermometers, accurate to ± 2°F, shall be provided
and used to assure the attainment and maintenance of proper internal cooking, holding, or refrigeration
temperatures of all potentially hazardous foods.
(d) Thawing of Foods. Potentially Hazardous Foods Shall Be Thawed:
(1) In refrigerated units at a temperature not to exceed 45°F; or
(2) Under cold potable running water with sufficient water velocity to agitate and float off loose
particles into the overflow; or
(3) In a microwave oven, only when the food will be immediately transferred to conventional
cooking facilities as part of a continuing cooking process or when the entire uninterrupted cooking process
takes place in the microwave oven; or
(4) As a part of the conventional cooking process.
(e) Storage, Preparation, Display, and Transportation.
(1) At all times, including while being stored, prepared, displayed, or transported, food except for
whole unprocessed raw fruits and raw vegetables shall be protected from potential contamination, including
dust, insects, rodents, unclean equipment and utensils, unnecessary handling, coughs and sneezes, hair,
flooding, drainage, and overhead leakage or overhead dripping from condensation.
(2) Food, whether raw or prepared, if removed from the container or package in which it was
obtained, shall be stored in a clean, covered, approved container except during necessary periods of
preparation or service. Container covers shall be impervious and nonabsorbent, except that clean linens,
pastry cloth, or napkins may be used for moisture retention in raising dough or lining or covering bread or
roll containers. Solid cuts of meat shall be protected by being covered in storage, except that primal cuts,
quarters, or sides of meat may be hung uncovered on clean. sanitized hooks if no food product is stored
beneath the meat.
(3) Containers of food shall be stored a minimum of six inches above the floor in a manner that
protects the food from splash and other contamination and that permits easy cleaning of the storage area,
except that containers may be stored on dollies, racks, or pallets if the equipment is easily movable.
(4) Food and containers shall not be stored under exposed or unprotected sewer lines or water lines,
except for automatic fire protection sprinkler heads that may be required by law. The storage and handling of
food in toilet rooms or vestibules is prohibited.
(5) Food not subject to further washing or cooking before serving shall be stored in a way that
protects it against cross-contamination from food requiring washing or cooking.
(6) Food, food containers, or food utensils shall not be stored in ice intended for human consumption
except that the ice may be used for cooling tubes conveying beverages or beverage ingredients to a dispenser
head.
(7) Packaged food shall not be stored in contact with water or undrained ice.
(8) Raw fruits and raw vegetables shall be thoroughly washed with potable water before being cut or
combined with other ingredients or be otherwise processed into food products.
(9) Reconstituted dry milk and milk products may be used only in instant desserts and whipped
products or for cooking and baking purposes.
(10) Uncooked liquid, frozen, or dry eggs and egg products shall be used only for cooking and
baking purposes.
(11) Only pasteurized liquid, or pasteurized dry eggs shall be used for the preparation of
undercooked food products.
(12) Milk and milk products shall be provided to the consumer from:
A. A commercially filled container stored in a mechanically refrigerated bulk milk dispenser; or
B. A commercially filled container of not more than one gallon capacity; or
C. An unopened, commercially filled package.
(13) Dairy creamers and non-dairy lighteners shall be provided:
A. In an individual service container;
B. ln a protected pour-type pitcher; or
C. Drawn from a refrigerated dispenser designed for such service.
(14) Condiments, seasonings, and dressing for counter service and self-service use shall be provided
in individual packages, from dispensers, or from containers protected in accordance with this rule, except
that ketchup and other sauces may be served in the original container or a pour-type dispenser.
(15) Food on display shall be protected from consumer contamination by the use of packaging or
protected display cases or by the use of easily cleanable counter serving line food shields.
(f) Handling of Food.
(1) Each time there is a change in processing between raw beef, raw pork, raw poultry or raw
seafood, or a change in procedure from raw to ready-to-eat foods, each new procedure shall begin with
food-contact surfaces and utensils which are clean and have been sanitized. Salads and other ready-to-eat
foods should be prepared in separate rooms or in areas that are separated by a barrier or open space from
areas used for processing potentially hazardous raw meat products.
(2) Potentially hazardous foods that are in a form to be consumed without further cooking such as
salads, sandwiches, and filled pastry products should be prepared from chilled-products.
(3) Employees shall use scoops, tongs, or other ice dispensing utensils when serving ice to
consumers. Consumers may obtain unpackaged ice for use only through approved automatic self-service ice
dispensing equipment or at locations equipped with suitable food shields and ice dispensing utensils.
(g) In-Use Storage of Dispensing Utensils.
(1)
Between uses during service, dispensing utensils shall be:
A. Stored in the food with dispensing utensil' s handle extended out of the food;
B. Stored clean and dry;
C. Stored in potable running water with sufficient water velocity to agitate and float-off loose
particles into the overflow; or
D. Dispensing utensils and malt collars used in preparing frozen desserts shall be stored either in
a potable running water dipper well, or clean and dry.
(2) Ice dispensing utensils shall be stored on a clean surface or in the ice storage bins with the
dispensing utensil' s handle extended out of the ice. No utensil shall be stored inside an icemaking machine
unless the machine is equipped for its storage.
(3) Between uses, ice transfer receptacles shall be stored off the floor and in a manner that protects
them from contamination.
(h) Food Sample Demonstrations and Food Promotions. When food sample demonstrations and food
promotions are held in the food establishment, the person in charge shall ensure that such activities comply
with the applicable sanitation provisions of this chapter.
(i) Bulk Food Displays.
(1) Bulk food displays shall be monitored by personnel trained in safe operating procedures.
(2) Bulk food containers shall be of food grade material with self-closing covers.
(3) Bulk food displays shall be provided with suitable attached utensils or other effective dispensing
methods which protect the food from contamination.
(Res. 1-95. Passed 1-19-95.)
1709.10 PERSONNEL.
(a) Employee Health.
(1) No person, while infected with a disease in a communicable form, afflicted with a boil, an
infected wound, or an acute respiratory infection, shall work in a food establishment in any capacity in which
there is a likelihood of the person contaminating food or food contact surfaces with pathogenic organisms or
transmitting disease to other persons.
(2) When the permittor or its authorized representative has reasonable cause to suspect possible
disease transmission by an employee of a food establishment, the permittor or authorized representative may
secure a morbidity history of the suspected employee or make any other investigation as indicated. The
permittor or its authorized representative shall notify the operator of measures that are necessary for the
operator to achieve compliance with subsection (a)(1) hereof.
(b) Personal Cleanliness and Employee Practices.
(1) Employees shall maintain a high degree of personal cleanliness and shall conform to good
hygienic practices during all working periods in the food establishment.
(2) Employees shall thoroughly wash their hands and the exposed portions of their arms with soap
and warm water before starting work, during work as often as is necessary to keep them clean, immediately
prior to handling single-service utensils packaged in bulk containers, and after smoking, eating, drinking, or
using the restroom facilities. Employees shall keep their fingernails clean and trimmed.
(3) Employees shall consume food or use tobacco only in designated areas. Such designated areas
must be located so that the eating or tobacco use of an employee does not result in contamination of food,
equipment, or utensils.
(4) Sinks used for food preparation or for washing equipment or utensils shall not be used for
handwashing.
(5) The use of lavatories and utensil washing, equipment washing, or food preparation sinks for the
disposal of mop water or similar liquid waste is prohibited.
(c) Clothing and Hair Control .
(1) The outer clothing of all employees shall be clean.
(2) Employees shall keep personal belongings and clothing in appropriate storage areas or facilities.
(3) Employees shall wear their hair clean, neat, and under control at all times. Beards or mustaches
shall be neatly trimmed or a snood is to be worn. Employees shall refrain from unnecessary handling of their
hair and shall wash their hands after combing or brushing their hair.
(Res. 1-95. Passed 1-19-95.)
1709.11 EQUIPMENT AND UTENSILS.
(a) Food Contact Surfaces; Design, Construction, Maintenance, Installation, Location.
(1) All multi-use equipment and utensils shall be designed and fabricated for durability under
conditions of normal use and shall be resistant to denting, buckling, distortion, pitting, chipping, cracking,
scratching, and decomposition.
(2) If solder is used, it shall be composed of safe materials and be corrosion-resistant. Multi-use
equipment and utensils shall be smooth and easily cleanable and shall be constructed and repaired with safe
materials, including finishing materials that are corrosion-resistant and nonabsorbent.
(3) Food contact surfaces intended for multi-use shall be smooth, easily cleanable, free of
difficult-to-clean internal corners and crevices, and free of breaks, open seams, cracks, chips, pits, and
similar imperfections.
(4) Equipment, utensils, and single-service articles shall not impart odors, color, or taste, or
contribute to the contamination of foods. Single-service articles shall be made from clean, sanitary, safe
materials.
(5) Safe plastic, rubber, or rubber-like materials that are of sufficient weight and thickness to permit
cleaning and sanitizing by normal dishwashing methods and that meet the general requirements set forth in
this regulation are permitted for repeated use.
(6) Single-use containers shall not be reused.
(7) Hard maple or equivalently nonabsorbent material that meets the general requirements set forth in
this regulation may be used for cutting blocks, cutting boards, bakers tables, stirring paddles and similar
surfaces. Wood may be used for single-service articles such as stirrers, or ice cream spoons.
(8) Cast iron may be used as a food contact surface only if the surface is heated, such as in grills,
griddle tops, and skillets.
(9) Within food contact surfaces, threads shall be designed to facilitate cleaning. Ordinary "V” type
threads are prohibited, except that in equipment such as ice makers, hot oil cooking equipment, or hot oil
filtering systems, "V" threads shall be minimized.
(10) Equipment containing bearings and gears requiring unsafe lubricants shall be designed and
constructed so that the lubricants cannot leak, drip, or be forced into food or onto food contact surfaces.
Only safe lubricants shall be used on equipment designed to receive lubrication of bearings and gears on or
within food contact surfaces.
(11) Tubing conveying beverages or beverage ingredients to dispensing heads may be in contact with
stored ice if the tubing is fabricated from safe materials, is grommeted at entry and exit points to prevent
moisture (condensation) from entering the ice-making machine or the ice storage bin and is kept clean.
Drainage or drainage tubes from dispensing units shall not pass through the ice-making machine or the ice
storage bins.
(12) Unless designed for in-place cleaning, food contact surfaces shall be accessible for cleaning and
inspection:
A. Without being disassembled;
B. By disassembling without the use of tools; or
C. By easy disassembling with the use of only simple tools such as a mallet, a screwdriver, or an
open-end wrench kept available near the equipment.
(13) Equipment intended for in-place cleaning shall be so designed and fabricated that:
A. Cleaning and sanitizing solutions can be circulated throughout a fixed system using an
effective cleaning and sanitizing regimen;
B. Cleaning and sanitizing solution will contact all interior food contact surfaces; and
C. The system is self-draining or capable of being completely evacuated.
(14) Fixed equipment designed and fabricated to be cleaned and sanitized by pressure spray methods
shall have sealed electrical wiring, switches, and connections.
(b) Non-Food Contact Surfaces - Design, Construction, Maintenance, Installation, Location.
(1) Surfaces of equipment not intended for contact with food but which are exposed to splash or food
debris or which otherwise require frequent cleaning shall be designed and fabricated to be smooth, washable,
free of unnecessary ledges, projections, or crevices, readily accessible for cleaning, and shall be of such
material and in such repair as to be easily maintained in a clean and sanitary condition
(2) Ventilation hoods and devices for cooking appliances shall be designed and installed according to
Chapter 4101:2-30 of the Administrative Code (Article 5 of the Mechanical Code Section, "Ohio Basic
Building Code”), as amended, to prevent grease or condensation from collecting on walls and ceilings and
from dripping into food or onto food contact surfaces. Filters or other grease extracting equipment shall be
readily removable for cleaning and replacement if not designed to be cleaned in- place.
(3) Aisles and working spaces between units of equipment and walls shall be unobstructed and of
sufficient width to permit employees to perform their duties readily without contamination of food or food
contact surfaces by clothing or personal contact. All easily movable storage equipment such as pallets, racks,
and dollies shall be positioned to provide accessibility to working areas.
(4) Equipment, including ice-making machines and ice storage equipment, shall not be located under
exposed or unprotected sewer lines or water lines, open stairwells, or other sources of contamination. This
requirement does not apply to automatic fire protection sprinkler heads that may be required by law.
(5) Unless sufficient space is provided for easy cleaning between, behind, and above fixed
equipment, the equipment shall be sealed to the adjoining equipment or adjacent walls or ceilings.
(6) Equipment that is placed on tables or counters, unless portable, shall be sealed to the table or
counter or elevated on legs to provide at least a four-inch clearance between the table or counter and
equipment and shall be installed to facilitate the cleaning of the equipment and adjacent areas.
(7) Equipment is "portable" within the meaning of this chapter if:
A. It is small and light enough to be moved easily by one person; and
B. It has no utility connection, has a utility connection that disconnects quickly, or has a flexible
utility connection line of sufficient length to permit the equipment to be moved for easy cleaning.
(8) Floor-mounted equipment, unless easily movable, shall be:
A. Sealed to the floor;
B. Installed on a raised platform of concrete or other smooth masonry in a way that meets all the
requirements for sealing of floor clearance; or
C. Elevated on legs to provide at least a six-inch clearance between the floor and equipment,
except that vertically mounted floor mixers may be elevated to provide at least a four-inch clearance between
the floor and equipment if no part of the floor under the mixer is more than six inches from cleaning access.
(9) Equipment is "easily movable" within the meaning of this chapter if:
A. It is mounted on wheels or casters; and
B. It has no utility connection, has a utility connection that disconnects quickly, or has a flexible
utility connection line of sufficient length to permit the equipment to be moved for easy cleaning.
(c) Dishwashing Facilities - Design, Construction, Operation, and Maintenance.
(1) Mechanical cleaning and sanitizing may be done by spray-type or immersion dishwashing
machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and
sanitizes equipment and utensils. These machines and devices shall be properly installed, shall be maintained
in good repair, and shall be operated in accordance with the manufacturer' s instructions. Utensils and
equipment placed in the machine or device shall be exposed to all dishwashing cycles. Automatic detergent
dispensers, wetting agent dispensers, and liquid sanitizer injectors, if any, shall be properly installed and
maintained. Chemicals added for sanitization purposes shall be automatically dispensed.
(2) Rinse water tanks shall be protected by baffles, curtains, or other effective means to minimize the
entry of washwater into the rinse water. Conveyors in dishwashing machines shall be accurately timed to
assure proper exposure times in wash and rinse cycles in accordance with manufacturer' s specifications
attached to the machines.
(3) The pressure of final rinse water supplied to spray-type dishwashing machines shall not be less
than fifteen or more than twenty-five pounds per square inch measured in the water line immediately adjacent
to the final rinse control valve.
(4) All dishwashing machines shall be thoroughly cleaned at least once a day or more often, when
necessary to maintain them in a satisfactory operating condition.
(5) For manual washing, rinsing, and sanitizing of utensils and equipment, a sink with not fewer than
three compartments shall be provided and used. Sink compartments shall be large enough to permit the
accommodation of the equipment and utensils and shall be self-draining.
(6) When hot water immersion is used for sanitizing, the following facilities shall be provided and
used:
A. An integral heating device or fixture installed in, on, or under the sanitizing compartment of
the sink capable of maintaining the water at a temperature of at least 175°; and dish baskets of such size and
design as to permit complete immersion of the tableware.
(7) Fixed equipment and utensils too large to be cleaned in sink compartments shall be washed
manually or cleaned through pressure spray methods and sanitized in accordance with this regulation.
(8) Separate drain boards shall be provided of adequate size for the proper handling of soiled utensils
prior to washing and for the proper handling of cleaned utensils following sanitization. Drain boards shall be
convenient for use and shall be self-draining. Easily movable dish tables may be used for the storage of
soiled utensils or, on separate tables, for the storage of clean utensils.
(d) Thermometer, Iron Pipe Size Valve, and Test Kits.
(1) For mechanical cleaning and sanitizing equipment:
A. Machine or water-line mounted, numerically scaled indicating thermometers, accurate to
± 3°F, shall be provided to indicate the temperature of the water in each tank of the machine and the
temperature of the final rinse water as it enters the manifold.
B. A 1/4" IPS valve shall be provided immediately upstream from the final rinse control valve to
permit checking the flow pressure of the final rinse water.
(2) If chemicals are used for sanitization, a test kit or other device that accurately measures the parts
per million concentration of the solution shall be provided and used.
(3) When manual hot water immersion is used for sanitizing, a numerically scaled indicating
thermometer, accurate to ± 3°F, shall be convenient to the sink for frequent checks of water temperature.
(e) Prewash. Equipment and utensils shall be flushed or scraped and, when necessary, soaked to
remove gross food particles and soil prior to being washed in a dishwashing machine unless a prewash cycle
is a part of the dishwashing machine operation.
(f) Wash, Rinse, and Bactericidal Treatment; Mechanical.
(1) Machines using hot water for sanitizing may be used if wash water and pumped rinse water are
kept clean and water is maintained at not less than the temperature stated as follows:
TYPE OF DISHWASHING PUMPED RINSE FINAL RINSE
MACHINE WASH TEMPERATURE TEMPERATURE TEMPERATURE
Single tank 165°F
165°F
Stationary rack
Single temperature
Single tank
150°F
180°F
Stationary rack
Dual Temperature
Single tank 160°F
180°F
Conveyor machine
Multi-tank 150°F
160°F
180°F
Conveyor machine
Single tank
140°F
180°F
Pot, pan & utensil washing
(stationary or moving rack)
(2) Machines using chemicals for sanitization may be used, provide that:
A. The temperature of the wash water is not less than 120°F;
B. The wash water is kept clean:
C. Only approved chemical sanitizer products are used;
D. Chemical sanitizer products shall be automatically dispensed, as specified by the machine' s
manufacturer;
E. The chemical sanitizing rinse water temperature shall not be less than 75°F nor less than the
temperature specified by the machine' s manufacturer.
(3) Equipment and utensils shall be placed in racks, trays, baskets, or on conveyors in such a way
that food contact surfaces are exposed to the unobstructed application of the detergent wash and clean rinse
waters and that permits free draining.
(g) Wash, Rinse and Bactericidal Treatment; Manual.
(1) The following procedure shall be used to manually wash, rinse, and sanitize equipment, utensils,
and other food contact surfaces in a three-compartment sink:
A. Sinks shall be cleaned, if necessary, prior to use;
B. Equipment and utensils shall be immersed and thoroughly washed in the first compartment
with a hot detergent solution that is kept clean;
C. Equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the
second compartment;
D. Equipment and utensils shall be sanitized in the third compartment according to one of the
methods approved in this regulation.
(2) The following procedure shall be used to manually wash and sanitize equipment, utensils, and
other food contact surfaces in a two-compartment sink, approved prior to the effective date of this chapter:
A. Sinks shall be cleaned, if necessary, prior to use;
B. Equipment and utensils shall be thoroughly cleaned in the first compartment with a
detergent/sanitizer solution that is kept clean and at the indicated concentration;
C. Equipment and utensils shall be sanitized in the second compartment with a solution containing
the same detergent/sanitizer that is kept clean and at the indicated concentration or in hot water in accordance
with subsection (g)(3) hereof.
(3) The food contact surfaces of all equipment and utensils shall be sanitized by:
A. Immersion for at least one-half minute in clean hot water at a temperature of at least 175°F;
B. Immersion for at least one minute in a clean solution containing at least fifty ppm of available
chlorine as a hypochlorite and at a temperature of at least 75º F;
C. Immersion for at least one minute in a clean solution containing at least 12.5 ppm of available
iodine and having a pH not higher than the pH designated by manufacturer and at a temperature of at least
75°F;
D. Immersion in a clean solution containing any other chemical sanitizing agent allowed under 21
CFR (Code of Federal Regulations) 178.1010 that will provide the equivalent bactericidal effect of a
solution containing at least fifty ppm of available chlorine as a hypochlorite at a temperature of at least 75°F;
E. Treatment with steam, free from materials or additives other than those specified in 21 CFR
173.310, in the case of equipment too large to sanitize by immersion but in which steam can be confined; or
F. Rinsing, spraying, or swabbing with a chemical sanitizing solution of at least twice the strength
required for that particular sanitizing solution under this rule in the case of equipment too large to sanitize by
immersion as long as it does not exceed CFR regulations.
(4) Equipment and utensils shall be exposed to the final chemical sanitizing rinse in accordance with
the manufacturer' s specifications for time and concentration of the approved chemical sanitizer product being
used.
(5) Food contact surfaces shall not be subjected to chemical sanitizer concentrations higher than the
maximum permitted under 21 CFR 178.1010.
(6) Notwithstanding subsection (c)(5) hereof, a two-compartment sink may be used for manually
washing and sanitizing utensils and equipment when an approved detergent/sanitizer product is used and the
two-compartment sink has been approved prior to June 1, 1992.
(7) Sink requirements for a Limited Food Establishment will be determined by the Franklin County
Board of Health on an individual basis.
(h) Wiping Cloths.
(1) Cloths used for wiping food spills on tableware, such as plates or bowls being served to the
consumer, shall be clean, dry, and used for no other purpose.
(2) Moist cloths used for wiping food spills on kitchenware and food contact surfaces of equipment
shall be clean and shall be rinsed frequently in one of the sanitizing solutions permitted in the regulation, and
shall be used for no other purpose. These cloths shall be stored in the sanitizing solution between uses.
(i) Cleaning Frequency of Food Contact Surfaces.
(1) Tableware shall be washed, rinsed, and sanitized after each use. Kitchenware and food contact
surfaces of equipment shall be washed, rinsed, and sanitized after each use and following any interruption of
operations during which time contamination may have occurred.
(2) If equipment and utensils are used for the preparation of potentially hazardous foods on a
continuous or production-line basis, utensils and the food contact surfaces of equipment shall be washed,
rinsed, and sanitized at intervals throughout the day on a schedule based on food temperature, type of food,
and amount of food particle accumulation.
(3) The food contact surfaces of grills, griddles, and similar cooking devices and the cavities and
door seals of microwave ovens shall be cleaned at least once a day, except that this requirement shall not
apply to hot oil cooking equipment and hot oil filtering systems. The food contact surfaces of all cooking
equipment shall be kept free of encrusted grease deposits and other accumulated soil.
(j) Cleaning Frequency of Non-Food Contact Surfaces. Non-food contact surfaces of equipment shall
be cleaned as often as is necessary to keep the equipment free of accumulation of dust, dirt, food particles,
and other debris.
(k) Storage and Handling of Equipment and Utensils.
(1) Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from
contamination. Utensils shall be touched only by their handles.
(2) Cleaned and sanitized utensils and equipment shall be stored at least six inches above the floor in
a clean, dry location in a way that protects them from contamination by splash, dust, and other means.
(3) Equipment and utensils shall be air-dried before being stored in a self-draining position.
(4) Glasses and cups shall be stored inverted on a clean, nonabsorbent surface. Other stored utensils
shall be covered or inverted whenever practical.
(5) The storage and handling of food, equipment, or utensils in toilet rooms, garbage rooms,
mechanical rooms, locker rooms, or vestibules is prohibited.
(l) Single-Service Articles; Storage and Dispensing.
(1) Single-service articles shall be stored at least six inches above the floor in closed cartons or
containers which protect them from contamination and shall not be placed under exposed sewer lines or
water lines, except for automatic fire protection sprinkler heads that may be required by law.
(2) Single-service articles shall be handled and dispensed in a manner that prevents contamination of
their surfaces which may come in contact with food or with the mouth of the user. Unless single-service
knives, forks, and spoons are pre-wrapped or pre-packaged, approved holders shall be provided to protect
these items from contamination and to present the handle of the utensils to the consumer.
(3) Single-service articles shall not be stored or handled in toilet rooms or vestibules.
(m) Re-Use. Re-use of single-service articles is prohibited.
(n) Returnables and Recyclables.
(1) Areas designed for storage of returnable/recyclable or damaged goods containers shall be located
so that food, equipment and utensils are not contaminated and that a public nuisance is not created.
(2) Container redeeming machines for recyclables shall be located in designated areas which are
separate from food, equipment, or utensils.
(Res. 1-95. Passed 1-19-95.)
1709.12 SAFETY AND ADEQUACY OF WATER SUPPLY.
(a) The water supply shall be adequate, safe, and of sanitary quality. The water supply systems shall
meet the applicable standards of the Ohio Environmental Protection Agency or other agencies.
(b) All potable water not provided directly by pipe to the food establishment from the source shall be
transported in a bulk water transport system and shall be delivered to a closed-water system. Both of these
systems shall be constructed and operated in accordance with the applicable design standards of the Ohio
Environmental Protection Agency or any other authorized agency.
(c) Bottled and packaged potable water shall be obtained from a source that complies with applicable
laws and shall be handled and stored in a way that protects it from contamination. Bottled and packaged
potable water shall be dispensed from the original container.
(d) Water under pressure at the required temperatures shall be provided to all fixtures and equipment
that use water.
(e) Steam used in contact with food or food contact surfaces shelf be free from any materials or
additives other than those specified in 21 CFR 173.310.
(Res. 1-95. Passed 1-19-95.)
1709.13 SEWAGE DISPOSAL.
All sewage and liquid wastes shall be disposed of in a public sanitary system or in a system which meets
the applicable design standards of the Ohio Environmental Protection Agency or other appropriate agencies.
Non-water-carried sewage disposal facilities are permitted only for mobile and temporary food establishments
or as permitted by the Franklin County District Board of Health or in remote areas because of special
situations.
(Res. 1-95. Passed 1-19-95.)
1709.14 PLUMBING.
(a) Installation and Maintenance.
(1) Plumbing shall be sized and installed in accordance with Chapter 4101 of the Administrative
Code as amended.
(2) A non-potable water system may be used for flushing water closets, urinals, and other fixtures
not requiring potable water. The non-potable water shall not be accessible for drinking or culinary purposes.
A non- potable system shall be separated with no points of connection and be readily distinguishable from the
potable system by the proper color coding or so marked at the outlets to be readily identified as non-potable.
(3) Grease interceptors shall be installed in accordance with Chapter 4101 of the Administrative
Code as amended. The grease interceptor shall be inspected frequently and cleaned as often as necessary to
retain the grease wastes. The materials removed in cleaning shall be removed from the premises for disposal
in an appropriate method and not deposited in the plumbing or sewerage systems. The size will be based on
the type of operation and the fixture load.
(4) Garbage disposal units, if installed, shall not be permitted to discharge into the grease interceptor
in accordance with Chapter 4101 of the Administrative Code as amended. A garbage disposal unit may be
installed in a scrap sink but shall not be installed in a sink used for washing, rinsing, or sanitizing utensils or
equipment.
(5) In new or remodeled establishments, at least one utility sink or curbed cleaning facility with
properly trapped and vented floor drain shall be provided for the cleaning of mops or similar wet floor
cleaning tools and for the disposal of mop water or similar liquid wastes. Mobile food establishments need
not have a utility sink.
(b) Backflow Control - Back-Siphonage and Cross-Connections.
(1) Any potable water system, subject to back-siphonage and cross connections, shall be properly
equipped with backflow prevention devices or vacuum breakers or shall be air gapped. Backflow prevention
devices and vacuum breakers shall meet accepted "American Society of Sanitary Engineering” standards as
contained in Chapter 4101 of the Administrative Code, as amended. Air gapping, where applicable, shall
conform to accepted engineering practice.
(2) The potable water supply to outlets, fixtures, equipment, and devices where water is made
available for human consumption or culinary purposes shall be protected from back-siphonage.
(3) All sinks and equipment used for preparation, processing, or storage of food shall have drains
indirectly connected to the soil or waste system. All other equipment, such as utensil washing sinks and
dishwashers, shall be directly connected and properly trapped and vented.
(Res. 1-95. Passed 1-19-95.)
1709.15 TOILET AND HANDWASHING FACILITIES.
(a) Ratio and Installation.
(1) Toilet facilities shall be provided according to Chapter 4101 of the Administrative Code (Article
22 of the Building Code Section of the "Ohio Basic Building Code"). Where the Ohio Building Code is not
applicable, the following shall apply:
A. Where both sexes are employed, and there are more than five employees, plumbing facilities
shall be in separate rooms for each sex;
B. One water closet shall be provided for each twenty-five employees or fraction thereof for each
sex;
C. One lavatory, located in each toilet room, shall be provided for each twenty-five employees or
fraction thereof;
D. Where there are more than twenty-five employees and urinals are provided, one water closet
less than the number specified may be provided for each urinal installed, except that the number of water
closets shall not be reduced to less than two-thirds of the number specified.
E. Any food establishment with a seating capacity of five or more must provide public restrooms;
one male and one female.
F. All public restroom facilities shall be so located to prevent trespassing through any food
preparation or handling area.
G. Any food establishment that is closed for more than one year and re-opens, will be required to
comply with this regulation.
(2) All facilities existing prior to the April 10, 1990 will be exempt from subsection (a)(1)E., F., and
G.
(3) Toilet rooms opening into food preparation, equipment and utensil washing, or storage areas
shall be completely enclosed and shall have tight-fitting, self-closing doors, which shall be closed except
during cleaning and maintenance. Toilet facilities shall be conveniently located and shall be accessible to
employees at all times.
(4) Toilets and urinals shall be designed to be easily cleanable.
(5) Lavatories shall be provided and installed according to law and shall be located so as to permit
convenient use by all employees in food preparation areas and utensil washing areas. Lavatories also shall be
located in or immediately adjacent to toilet rooms or vestibules.
(6) Lavatories shall be accessible to employees at all times.
(7) Each lavatory shall be provided with hot and cold, or warm potable running water.
(b) Facilities; Clean and ln Good Repair.
(1) Toilet facilities shall be kept clean and in good repair. A supply of toilet tissue shall be provided
in an appropriate dispenser at each toilet at all times. Easily cleanable receptacles shall be provided for waste
materials. Toilet rooms used by women shall have at least one covered waste receptacle.
(2) A supply of hand-cleaning soap or detergent shall be available at each lavatory. A supply of
sanitary towels or a hand-drying device providing heated air shall be conveniently located near each lavatory.
Common hand towels are prohibited. If disposable towels are used. easily cleanable waste receptacles shall
be conveniently located near the handwashing facilities.
(3) Lavatories, soap dispensers, hand-drying devices, and all related fixtures shall be kept clean and
in good repair.
(Res. 1-95. Passed 1-19-95.)
1709.16 GARBAGE AND REFUSE DISPOSAL .
(a) Containers.
(1) Garbage and refuse shall be kept in durable, cleanable, insect-proof and rodent-proof containers
that do not leak and do not absorb liquids. Plastic bags and wet-strength paper bags may be used to line these
containers.
(2) Containers used in food preparation and utensil washing areas shall be kept covered when not in
use or after they are filled.
(3) Containers, stored outside the operation and dumpsters, compactors, and compactor systems shall
be cleanable, shall be provided with tight-fitting lids, doors, or covers, and shall be kept covered when not in
actual use. In dumpsters and compactors designed with drains, drain plugs shall be in place at all times
except during cleaning.
(4) There shall be a sufficient number of containers to hold all the garbage and refuse that
accumulates.
(5) Garbage and refuse shall be disposed of often enough to prevent the development of objectionable
odors and the attraction of insects and rodents.
(6) Soiled containers shall be cleaned at a frequency sufficient to prevent insect and rodent attraction.
Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food,
equipment, utensils, or food preparation areas.
(7) Suitable facilities, including steam or hot water and detergents, shall be provided and used for
washing refuse containers. Liquid waste from compacting or cleaning operations shall be disposed of as
sewage.
(8) Garbage and refuse on the premises shall be stored in such a manner as to make inaccessible to
insects and rodents. Outside storage of unprotected plastic bags, wet-strength paper bags, or baled units
containing garbage or refuse is prohibited. Cardboard or other packaging material not containing garbage or
food wastes shall be stored in a manner that does not create a nuisance.
(b) Storage Area. Outside storage areas or enclosures shall be large enough to store the garbage and
refuse containers that accumulate and shall be kept clean. Garbage and refuse containers, dumpsters, and
compactor systems shall be stored on or above a smooth surface that is kept clean, maintained in good repair,
and graded to prevent pooling of water.
(Res. 1-95. Passed 1-19-95.)
1709.17 INSECT, RODENT, AND ANIMAL CONTROL.
(a) Insect and Rodent Control.
(1) Effective measures intended to minimize the presence of rodents, flies, roaches, and other insects
on the premises shall be utilized. The premises shall be kept in such condition as to prevent the harborage or
feeding of insects or rodents.
(2) Openings to the outside, except as permitted for mobile and temporary food establishments, shall
be effectively protected against the entrance of rodents and insects by tight-fitting, self-closing doors, closed
windows, screening, controlled air currents, or other means. Screen doors shall be self-closing, and screens
for windows, doors, skylights, transoms, intake and exhaust air ducts, and other openings to the outside shall
be tight-fitting and free of breaks. Screening material shall not be less than sixteen-mesh to the inch.
(b) Animal Control. Live animals shall be excluded from those portions of the premises used for a
food establishment that are under the control of the permit holder. This requirement does not apply to edible
fish crustacea, shellfish, or to fish in aquariums. Patrol dogs accompanying security or police officers, guide
dogs, or other support dogs accompanying handicapped persons shall be permitted in dining areas.
(c) Live or dead fish bait shall be stored or displayed separately from food or fish products.
(Res. 1-95. Passed 1-19-95.)
1709.18 FLOORS, WALLS, AND CEILINGS.
(a) Floors; Clean and In Good Repair.
(1) Floors, mats, duckboard, carpets, and other floor covering shall be kept clean.
(2) Floors and floor coverings of all food preparation, food storage, and utensil washing areas,
garbage or refuse storage rooms, and the floors of all walk-in refrigerating units. dressing rooms, locker
rooms, toilet rooms, and vestibules shall be constructed of smooth, durable non-absorbent material such as
sealed concrete, terrazzo, ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated with
plastic and shall be maintained in good repair. Nothing in this rule shall prohibit the use of anti-slip floor
covering in areas where necessary for safety reasons.
(3) Carpeting, if used as a floor covering, shall be of closely woven construction, properly installed,
easily cleanable, and maintained in good repair. Carpeting is prohibited in food preparation, equipment and
utensil washing areas, food storage areas, and in toilet room areas where urinals or toilet fixtures are located.
(4) Mats shall be of non-absorbent, grease-resistant materials and of such size, design and
construction as to facilitate their being easily cleaned.
(5) In all new or extensively remodeled operations in which water-flush or wet mop cleaning
methods are used, the junctures between walls and floors shall be covered and sealed. In all other cases, the
juncture between walls and floors shall not present an open seam.
(6) Exposed utility service lines and pipes should be installed in a way that does not obstruct or
prevent cleaning of the floor. In all new or extensively remodeled operations, installation of exposed
horizontal utility lines and pipes on the floor is prohibited.
(b) Walls and Ceilings; Clean and In Good Repair.
(1) Walls and ceilings, including doors, windows, skylights, and similar closures shall be maintained
clean and in good repair.
(2) Light fixtures, vent covers, wall-mounted fans, and similar equipment attached to walls or
ceilings shall be easily cleanable and shall be maintained, clean, and in good repair.
(3) Walls, including non-supporting partitions and wall coverings, and ceilings of walk-in
refrigerating units, food preparation areas, equipment washing and utensil washing areas, toilet rooms, and
vestibules shall be smooth, non-absorbent, and easily cleanable. Concrete or pumice blocks used for interior
wall construction in these locations shall be finished and sealed to provide an easily cleanable-surface.
(4) Studs, joists, and rafters shall not be exposed in walk-in refrigerating units, food preparation
areas, equipment washing and utensil washing areas, toilet rooms, and vestibules. If exposed in other rooms
or areas, they shall be finished to provide an easily cleanable surface.
(5) Exposed utility service lines and pipes should be installed in a way that does not obstruct or
prevent cleaning of the walls and ceilings. Utility service lines and pipes should not be unnecessarily exposed
on walls or ceilings in walk-in refrigerating units, food preparation areas, equipment washing and utensil
washing areas, toilet rooms, and vestibules.
(6) Wall and ceiling covering materials shall be attached and sealed so as to be easily cleanable.
(Res. 1-95. Passed 1-19-95.)
1709.19 LIGHTING.
(a) Permanently fixed artificial light sources shall be installed to provide at least forty foot candles of
light on all food preparation surfaces and at equipment or utensil washing work levels.
(b) Permanently fixed artificial light sources shall be installed to provide at least twenty foot candles of
light at a distance of thirty inches from the floor in walk-in refrigerating units, dry food storage areas, utensil
and equipment storage areas, employee lavatory and toilet areas, and in all other areas. This requirement also
shall apply to dining areas and lavatory and toilet areas for the public during cleaning operations.
(c) Shielding or shatter-resistant bulbs. to protect against broken glass falling onto food, shall be
provided for all artificial lighting fixtures located over, adjacent to, or within food storage, preparation,
service (except in dining areas and packaged food storage areas) and display facilities, and facilities where
utensils and equipment are cleaned and stored.
(d) Infrared or other heat lamps shall be protected against breakage by a shield surrounding and
extending beyond the bulb, leaving only the face of the bulb exposed.
(Res. 1-95. Passed 1-19-95.)
1709.20 ROOM VENTILATION.
(a) All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation,
vapors, obnoxious odors, smoke, and fumes. Ventilation systems for rooms intended for human occupancy
shall be installed and operated according to Chapter 4101:2-41 of the Administrative Code (Article 16 of the
Mechanical Code Section, "Ohio Basic Building Code"), as amended. When vented to the outside, the
ventilation system shall not create an unsightly, harmful, or unlawful discharge.
(b) Intake and exhaust air ducts shall be maintained to prevent the entrance of dust, dirt, insects,
vermin, and other contaminating materials.
(Res. 1-95. Passed 1-19-95.)
1709.21 DRESSING ROOMS AND LOCKER AREAS.
(a) If employees routinely change clothes within the operation, areas shall be designated for that
purpose.
(b) Enough lockers or other suitable facilities shall be provided for the orderly storage of employee
clothing and other belongings. Lockers or other suitable facilities may be located only in the designated
dressing rooms or in food storage rooms or areas containing only completely packaged food or packaged
single-service articles.
(Res. 1-95. Passed 1-19-95.)
1709.22 MISCELLANEOUS.
(a) Toxic Materials.
(1) There shall be present in food establishments only those poisonous or toxic materials necessary
for maintaining the establishment, cleaning and sanitizing equipment and utensils, and controlling insects and
rodents, except those materials offered for sale in the original container.
(2) Poisonous and toxic materials are to be kept in their original containers.
(3) Poisonous or toxic materials consist of the following categories:
A. Pesticides;
B. Detergents, sanitizers, corrosives, and other chemicals;
C. Flammables.
(4) Each of the three categories set forth in subsection (a)(3) hereof shall be stored and physically
located separate from each other. All poisonous or toxic materials shall be stored in cabinets or in a similar
physically separate place used for no other purpose. To preclude contamination, poisonous or toxic materials
shall not be stored above or immediately adjacent to food, food equipment, utensils, or single-service
articles. This requirement does not prohibit the convenient availability of detergents or sanitizers at utensil or
dishwashing stations.
(5) Bactericides, cleaning compounds, or other compounds intended for use on food contact surfaces
shall not be used in a way that leaves a toxic residue on the surfaces or that constitutes a hazard to employees
or other persons.
(6) Poisonous or toxic materials shall not be used in a way that contaminates food, equipment, or
utensils, in a way that constitutes a hazard to employees or other persons, or in a way other than in full
compliance with the manufacturer' s labeling.
(7) Personal medications shall not be stored in food storage, preparation, or service areas.
(8) First-aid supplies shall be stored in a way that prevents them from contaminating food and food
contact surfaces.
(b) Premises.
(1) Food establishments and all parts of property used in connection with their operations shall be
well maintained in a safe and sanitary manner and free of litter and other nuisances.
(2) The walking and driving surfaces of all exterior areas of food establishments shall be surfaced
with concrete, asphalt, or with gravel or similar material effectively treated to facilitate maintenance and
minimize dust. These surfaces shall be graded to prevent pooling and shall be kept free of litter.
(3) Only articles necessary for the operation and maintenance of the food establishment shall be
stored on the premises.
(4) The traffic of unnecessary persons through the food preparation and utensil washing area is
prohibited.
(5) Maintenance and cleaning tools such as brooms, mops, vacuum cleaners, and similar equipment
shall be maintained and stored in a way that does not contaminate food, utensils, or equipment and shall be
stored in an orderly manner.
(6) Pressurized tanks shall be chained or secured to a wall or to fixed equipment.
(c) Living Quarters and Laundry.
(1) No portion of a food establishment shall be conducted in any room used as living or sleeping
quarters. A food establishment shall be separated from any living and/or sleeping quarters by complete
partitioning and solid, self-closing doors with an intervening vestibule or public area, except those operations
exempted by the Health Commissioner.
(2) Laundry facilities in a food establishment shall be restricted to the washing and drying of linens,
cloths, uniforms, and aprons necessary to operate. It these items are dried within the operation, an electric or
gas dryer shall be provided and used.
(3) Separate rooms shall be provided for laundry facilities, except that laundry activities may be
conducted in storage rooms containing only packaged foods or packaged, single-service articles.
(d) Linen Storage.
(1) Clean clothes and linens shall be stored in a clean place and protected from contamination until
used.
(2) Soiled clothes and linens shall be stored in non-absorbent containers or washable laundry bags
until removed for laundering and shall be located so as not to contaminate food.
(Res. 1-95. Passed 1-19-95.)
1709.23 APPLICABILITY TO EXISTING OPERATIONS.
(a) In the absence of a serious health or safety hazard, any food establishment which was permitted and
in compliance with existing regulations prior to the effective date of this chapter shall not be required by the
permittor to make any structural changes in the food establishment or to install or replace any existing
equipment used in the establishment while the structure or equipment remains substantially in good condition.
(b) A reactivated food establishment which has not been continually permitted or has not been in
operation for twelve consecutive months shall be considered a new food establishment and shall comply with
the regulations in effect at the time of reactivation.
(Res. 1-95. Passed 1-19-95.)
1709.24 TEMPORARY FOOD ESTABLISHMENT.
A temporary food establishment shall comply with the applicable requirements of this section, except as
otherwise specifically provided.
(a) Permit. Before opening a temporary food establishment, the operator shall make application for a
permit to the Board of Health.
(b) Food; Approved Source. Potentially hazardous foods not prepared at the temporary food
establishment shall be prepared in a permitted food establishment or permitted food service operation and
transported to the temporary food establishment by a method approved by the permittor.
(c) Food Protection. All potentially hazardous foods shall be maintained at 45º F and below, or 145º
F and above by a method approved by the permittor. Mechanical refrigeration shall be used for overnight
storage of potentially hazardous foods.
(d) Equipment and Utensils. A three-compartment sink system or another method approved by the
permittor shall be provided or made available and used only for manual washing, rinsing, sanitizing of
equipment and multiple-use utensils.
(e) Handwashing Facilities. A handwashing facility or an alternate method approved by the permittor
shall be available for employee handwashing.
(f) Support Facilities. The operator of a temporary food establishment shall demonstrate, to the
satisfaction of the permittor, a safe water supply, sewage and waste water disposal system, toilet facilities,
and garbage and refuse disposal system.
(g) Floors, Walls, Ceilings. The requirements for floors, walls and ceilings shall be determined by the
permittor. If it is determined that a floor and/or ceiling and/or wails are necessary, the materials used for the
floors or ceilings or walls and the construction thereof shall be approved by the permittor.
(Res. 1-95. Passed 1-19-95.)
1709.25 REPEAL AND DATE OF EFFECT.
All regulations and parts of regulations in conflict with this chapter are hereby repealed to the extent of
such conflict only. This regulation shall be in full force and effect immediately upon its adoption as provided
by law.
(Res. 1-95. Passed 1-19-95.)
1709.26 UNCONSTITUTIONALITY CLAUSE.
Should any section, paragraph, sentence, clause, or phrase of this chapter be declared unconstitutional or
invalid for any reason, the remainder of said regulation shall not be affected thereby.
(Res. 1-95. Passed 1-19-95.)
1709.27 VARIANCE.
The Board of Health may grant a variance from the requirements of this chapter as will not be contrary to
the public interest, where a person shows that because of practical difficulties or other special unnecessary
hardships. However, no variance shall be granted that will defeat the spirit and general intent of said
regulation or otherwise contrary to the public interest.
(Res. 1-95. Passed 1-19-95.)
1709.99 PENALTY.
(a) Whoever fails to comply with the Franklin County Public Health signage requirements as defined in
Section 1709.01 and 1709.06 shall be fined a civil penalty of one hundred dollars ($100.00). Each day of
violation shall constitute a separate violation.
(b) Violation of any provision of this chapter is prohibited by Ohio R.C. 3707.48 and/or 3709.21 and
subject to the penalties provided by Ohio R.C. 3707.99 and/or 3709.99.
(Ord. 2012-08. Passed 5-7-12.)
1713.01
1713.02
1713.03
1713.04
1713.99
CHAPTER 1713
Recycling Operations
Recycling and reprocessing of solid waste.
Registration; recycling or reprocessing facility.
Access to facility.
Operation of a recycling and/or reprocessing facility.
Penalty.
1713.01 RECYCLING AND REPROCESSING OF SOLID WASTE.
All recycling centers, reprocessing facilities and material recovery facilities (MRFs) located within the
City of Grandview Heights Health District shall be required to be registered and inspected by the Health
Commissioner. Any solid waste may be recycled or processed within the City of Grandview Heights Health
District provided that such activity occurs at the site where generated, or at a facility that has met the criteria
established within this regulation, and which is registered with the Health Commissioner. The operation of
a facility where solid wastes are remanufactured, recycled, reprocessed or reused shall not create a public
health nuisance.
(Res. 96-02. Passed 3-18-96.)
1713.02 REGISTRATION; RECYCLING OR REPROCESSING FACILITY.
(a) Registration applications for recycling facilities, reprocessing facilities, and MRFs shall be
submitted to the Health Commissioner, and shall contain all of the following information:
(1) An engineered drawing of the facility, including the dimensions and location of any structures
that are to be used in the operation for recycling, reprocessing or the storage of recycled or reprocessed solid
waste;
(2) A description of the current and projected use of the lands adjoining the recycling and
reprocessing facility;
(3) A description of the current surface water drainage patterns on and adjacent to the proposed
facility, including the location of storm water drains, collection devices, and any natural or artificial bodies
of water or watercourses;
(4) The projected daily, weekly, and monthly volume and weight of the waste material to be recycled
and/or reprocessed;
(5) A fire control plan, including an inventory of all firefighting and fire suppressive equipment at
the facility, that has been reviewed and approved by the local fire authority with jurisdiction;
(6) A list of all of the equipment used to separate or reprocess solid waste;
(7) A flow control diagram that will explain the processes by which materials are reprocessed or
recycled, from the moment that they arrive at the facility until they are shipped from the facility;
(8) An explanation of the methods employed to store recycled and/or reprocessed materials, the
location, size and construction of all storage areas or devices;
(9) Reporting procedures to be employed for monitoring the volume of solid waste that is recycled or
reprocessed, and the percentage of the total volume that is disposed;
(10) Approval for the operation from the local zoning authority.
(b) Registration applications for Recycling facilities, Reprocessing facilities, or MRF’s shall be
submitted to the Health Commissioner on forms approved by the Health Commissioner. The application
must contain all of the information required under subsection (a) hereof.
(c) No person shall operate or maintain a Recycling facility, Reprocessing facility or MRF without first
obtaining a registration issued by the Health Commissioner. Registration shall be required annually.
Registrations shall expire on June 30th of each year. The Registration application shall be accompanied by a
payment of the registration fee established by the Board of Health.
(d) The annual registration fee for a Recycling facility, Reprocessing facility or MRF shall be
established by the Grandview Heights Board of Health.
(Res. 96-02. Passed 3-18-96.)
1713.03 ACCESS TO FACILITY.
The owner and/or operator of a registered facility agrees to permit the Health Commissioner or his/her
representatives, to conduct random, unannounced inspections of the facility at reasonable times in order to
determine that the facility is free of nuisance.
(Res. 96-02. Passed 3-18-96.)
1713.04 OPERATION OF A RECYCLING AND/OR REPROCESSING FACILITY.
(a) Open dumping, as defined in Ohio R.C. 3734.01 shall not be permitted at the facility.
(b) Putrescible solid waste shall be excluded from a reprocessing and/or recycling facility. If such
wastes are received, they shall be placed in leakproof, easily cleaned containers until it is disposed. All
putrescible solid waste shall be disposed at a licensed solid waste disposal facility within seven (7) days.
(c) Any material that is classified as hazardous waste, or infectious waste shall be prohibited from the
facility.
(d) A plan will be implemented to control blowing litter and to collect solid waste that is spilled or
dropped on the grounds of the facility or adjacent properties. All litter will be routinely collected and
properly disposed.
(e) All processing areas shall be paved, except for those places where yard waste is to be composted.
All surfaces shall be smooth and easily cleanable. All processing and separating areas shall be maintained in
a clean condition, and free of accumulations of dust and debris with daily cleaning.
(f) Liquid residue that has leaked from containers that are being recycled or reprocessed shall be
cleaned from the equipment, storage facilities, floors, walls and other surfaces as often as necessary to
prevent odors and flies.
(g) Recycled and/or reprocessed material shall not be stored in such a way that it presents a habitat for
rodents or other vermin.
(h) Lightweight materials such as paper and plastic shall be baled or stored in an enclosed structure in
order to prevent scattering.
(i) Any solid waste that is to be recycled or reprocessed, or which has been reprocessed or physically
altered for use as fuel shall be stored for no more than thirty (30) days. If such material is found to present
a public health nuisance, it shall be removed from the premises and disposed of at a licensed disposal facility
within forty-eight (48) hours.
(j) All solid waste, and/or reprocessed material shall be stored in compliance with all applicable local,
State and Federal fire, zoning, and environmental codes, laws and regulations.
(k) Records shall be kept and available for inspection regarding the volume of materials being handled
and at no time shall a registered facility accept or store volumes which create a fire hazard or nuisance
conditions.
(Res. 96-02. Passed 3-18-96.)
1713.99 PENALTY.
Any person who violates any provision of these regulations is subject to the penalties provided in Ohio
R.C. 3709.20, 3709.21, 3707.48 and 3709.99.
(Res. 96-02. Passed 3-18-96.)
CHAPTER 1717
Vicious and Dangerous Dogs
1717.01
1717.02
1717.03
1717.04
1717.05
1717.06
Definitions.
Vicious animal.
Hearing to determine animals vicious or dangerous.
Disposition of animals determined vicious or dangerous.
Selling or transferring a dangerous or vicious animal.
Appeal.
CROSS REFERENCES
Vicious and dangerous animals - see GEN. OFF. 505.21
The following words and phrases, when used in this chapter, shall have the meanings respectively
ascribed to them in this section:
(a) "Dangerous Animal" shall mean any animal which has bitten any person(s) or domestic animal(s)
and poses the threat of future attacks, but does not qualify as a "Vicious Animal" as defined below.
(b) "Health Commissioner" shall mean the Health Commissioner of the Grandview Heights City Health
District, or his/her authorized representative, which includes an employee and/or the Vicious and Dangerous
Animal Review Board of the Franklin County Health Department.
(c) "Owner" shall mean any person(s) owning, keeping, possessing, harboring, maintaining, or having
the care, custody, or control of an animal.
(d) "Police Dog" means a dog that has been trained, and may be used, to assist one or more law
enforcement officers in the performance of their official duties.
(e) "Premises" shall mean any building, land, house, apartment, or office in which an animal is kept.
(f) "Vicious Animal" shall mean any animal, other than a police dog, domestic or wild, which poses a
danger to any person(s), or to any other domestic animal(s), for any of the following reasons:
(1) Any animal that kills or maims any person(s) or domestic animal(s).
(2) Any animal that inflicts multiple injuries during the course of an unprovoked attack on a
person(s) or domestic animal(s).
(3) Any animal which bites or causes physical harm to a person(s) or domestic animal(s) off
premises on more than two (2) occasions within one year of the first occasion.
(Res. 97-01. Passed 8-21-97.)
1717.02 VICIOUS ANIMAL.
No person shall harbor or keep a vicious animal within the jurisdiction of the Grandview Heights Board of
Health. Proof that such animal has, without sufficient provocation, bitten or otherwise attacked any person(s)
or domestic animal(s) shall be prima facie evidence of the fact that such animal is vicious. Any animal
determined to be vicious by the Health Commissioner or his authorized representative may be immediately
and permanently removed from the City of Grandview Heights or destroyed in a humane method.
(Res. 97-01. Passed 8-21-97.)
1717.03 HEARING TO DETERMINE ANIMALS VICIOUS OR DANGEROUS.
(a) The Health Commissioner, or his authorized representative, shall cause written notice to be served
upon the owners of any suspected vicious and dangerous animal, informing them of the nature of the
complaint against the animal, and the time, date, and location of a hearing to determine if the animal will be
declared a vicious or dangerous animal.
(b) The Health Commissioner, or his authorized representative, shall determine whether or not to
declare the animal to be a vicious and/or dangerous animal based upon evidence and testimony presented at
the time of the hearing. Said evidence and testimony may be presented by the owner(s), witnesses to any
incident(s) considered germane to such a determination, Health Department personnel, Animal Control
personnel, police or any other person(s) possessing information pertinent to such a determination.
(c) The Health Commissioner, or his authorized representative, shall issue a written summary of a
decision and order, if warranted, within forty-eight (48) hours after the hearing.
(Res. 97-01. Passed 8-21-97.)
1717.04 DISPOSITION OF ANIMALS DETERMINED VICIOUS OR DANGEROUS.
If the Health Commissioner, or his authorized representative, determines the animal to be a vicious or
dangerous animal, he may order the following:
(a) Destruction of the animal by a suitable and humane method at the expense of the owner(s); or
(b) Permanent confinement, or other suitable control, of the animal under any conditions determined to
be sufficient to protect the public and/or other domestic animal(s); or
(c) Immediate and permanent removal from the City of Grandview Heights.
(Res. 97-01. Passed 8-21-97.)
1717.05 SELLING OR TRANSFERRING A DANGEROUS OR VICIOUS ANIMAL.
No person shall sell or permanently transfer the residence of a vicious and/or dangerous animal without
prior written consent of the Health Commissioner. The destination of said transfer must be given to the
proper authorities having jurisdiction, and approval received, before the transfer will be permitted.
(Res. 97-01. Passed 8-21-97.)
1717.06 APPEAL.
All parties shall have the right to appeal a determination of a vicious or dangerous animal to the
Grandview Heights County Board of Health within five working days of the receipt of such findings.
(Res. 97-01. Passed 8-21-97.)
CHAPTER 1721
Plan Review for Food Service and Operations
1721.01
1721.02
1721.03
1721.04
1721.05
1721.06
1721.07
1721.08
1721.09
1721.10
1721.11
1721.12
1721.13
1721.14
Definitions.
Review of plans and equipment.
Structure.
Ventilation.
Lighting.
Toilet facilities.
Handwashing facilities.
Installation of equipment.
Floor mounting.
Masonry bases.
Wall mounted equipment.
Casters and legs.
Bar equipment.
Basic requirements regarding plumbing fixtures.
CROSS REFERENCES
Food Establishment Regulations - see HLTH. Ch. 1709
(a) "Board of Health" means the Board of Health of the Grandview Heights City Health District as
created by Section 6.2 of the Charter of the City of Grandview Heights.
(b) "Department" means the Ohio Department of Health.
(c) "Food Establishment" means any place temporary or permanent, stationary or mobile, public or
private, where food or drink is prepared, processed, manufactured, packaged, stored, or offered for a
consideration except:
(1) Homes containing what is commonly known as the family unit and their non-paying guests.
(2) Food service operations as defined in 3701-21 of the Ohio Administrative Code.
(3) Grade A and Grade B milk producers, milk plants, milk processors, and milk haulers as defined
in Section 3717.67 of the Ohio Revised Code.
(4) Type A and Type B family day-care homes as defined in Section 5104.01 of the Ohio Revised
Code.
(5) Meat and poultry plants registered under Section 918.08 and 918.28 of the Ohio Revised Code.
(6) Vending machines dispensing foods, beverages, candies, confections, and/or nuts or the location
where these machines have been installed.
(7) Establishments that have prepackaged, non-potentially hazardous foods such as candies, gums,
crackers, and drinks in cans, bottles, or cartons.
(8) Roadside markets that offer only fresh fruits and fresh vegetables that are unprepared.
(9) Non-profit organizations, churches, schools, fraternal or veterans organizations selling products
on their premises; provided said products are sold on no more than five consecutive days or no more than 52
separate days in one calendar year.
(10) Non-profit organizations, churches, schools, veterans organizations selling products off their
premises; provided said products are pre-packaged, nonperishable, no processing or raw food handling is
carried on in the operations and said products are sold on no more than five consecutive days or no more
than fifty-two separate days in one calendar year.
(11) Baked goods prepared in homes or any other non-permitted operation and presented as such.
Examples include breads, brownies, cakes, cookies, pastries.
(d)
"Food Service Operation" means:
(1) Any place, including any governmental operation, where meals or lunches, or portions thereof,
are prepared or served for a consideration, regardless of whether the meals, lunches, or portions are to be
consumed on or off the premises, except:
A. Homes containing what is commonly known as the family unit and their nonpaying guests;
B. Operations serving a meal or a lunch to five or fewer persons;
C. Churches, schools, fraternal or veterans' organizations serving meals or lunches, or portions
thereof, on their premises, provided the meals, lunches, or portions, are served on no more than seven
consecutive days or on no more than fifty-two separate days in any one calendar year;
D. Volunteer firemen' s or volunteer emergency medical service organizations serving meals or
lunches, or portions thereof, on their premises no more than twelve days or parts thereof in any one calendar
year;
E. Dining or sleeping cars;
F. Food processing and food-manufacturing establishments;
G. Type A and type B family day-care homes, as defined in Section 5104.01 of the Revised
Code.
(2) Any shop, commissary, or similar place of operation from which automatic food or beverage
vending machines are serviced, or any location at which food or beverage vending machines have been
installed; provided that sections 3732.02 to 3732.08 of the Ohio Revised Code, shall not apply to:
A. Vending machines dispensing only bottled, canned, or pre- packaged nonperishable beverages,
or the places of operation from which they are serviced;
B. Vending machines dispensing only pre-packaged, nonperishable confections, crackers, or
cookies; or the places from which they are serviced;
C. Vending machines dispensing only chewing gum, salted nuts, nuts in their natural protective
covering, or panned bulk candies; provided, all such machines which are not in use in Ohio on January 1,
1963, shall be of a type and design approved by the department of health;
D. Commissaries servicing vending machines dispensing only milk, milk products, or frozen
desserts which are under an inspection and analysis program acceptable to the department of health.
(3) Mobile food service operations.
(4) Temporary food service operations.
(e) “Mobile food service operation" means any unit where meals or lunches, or portions thereof, are
prepared or served for a consideration and which may be moved from one location to another without
significant alteration of the structure or equipment of the unit.
(f) "Temporary food service operation" means any place, including any governmental operation, where
meals or lunches, or portions thereof, are prepared or served for a consideration for a single event, in one
location, for a period of not longer than five consecutive days regardless of whether the meals, lunches, or
portions, are to be consumed on or off the premises
(g) "Licensor" means the Grandview Heights Board of Health.
(Res. 97-01. Passed 8-21-97.)
1721.02 REVIEW OF PLANS AND EQUIPMENT.
(a) Review of Plans Required. No person, firm, association, organization, corporation, or government
operation shall construct, install, provide, equip, or extensively alter a food service or food establishment
operation until the plans therefor have been submitted to and approved in writing by the licensor or its
authorized representative. If the department is responsible for inspections, as provided in Section 3732.06 of
the Ohio Revised Code, plans shall be submitted to and must be approved by the department. When plans are
submitted to either the board of health, its authorized representative, or the department, they shall be acted
upon within thirty days after date of receipt.
(b) Application for Review of Plans. The plans and specifications submitted for the review of the
licensor or the department shall clearly confirm that the applicable provisions of Rules 3701-21-04 to
3701-21-19 of the Ohio Administrative Code and Chapter 1709 can be met adequately. The plans and
specifications shall be legible, be drawn reasonably to scale, and shall include:
(1) The type of operation proposed and foods to be prepared, served, processed, packaged,
manufactured, stored, or offered for consideration;
(2) The total area to be used for the food service/food establishment operation;
(3) All portions of the premises in which the food service/food establishment operation are to be
conducted;
(4) Entrances and exits;
(5) Location, number and types of plumbing fixtures, including all water supply facilities;
(6) Plan of lighting, both natural and artificial, with foot-candles indicated for critical surfaces;
(7) A floor plan showing the general layout of fixtures and other equipment;
(8) Building materials and surface finishes to be used; and
(9) An equipment list with equipment manufacturers and model numbers.
(c) Review of Equipment. All equipment used in a food service/food establishment operation shall be
of a type approved by the department or a recognized food service equipment testing agency, or, if not
addressed by these entities, approved by the licensor. All equipment shall be of such material and so
constructed and installed as to readily conform with Rules 3701-21-04 to 3701-21-21 of the Ohio
Administrative Code and Chapter 1709. The licensor shall permit community care homes, as defined in Rule
3701-21-01 of the Ohio Administrative Code, to use noncommercial equipment, in order to provide a
family-style home environment.
(Res. 97-01. Passed 8-21-97.)
1721.03 STRUCTURE.
(a) List type of interior finish for floors, walls and ceilings. Floors are to be constructed of smooth,
durable and easily cleanable material. Floors may be of wood, concrete, linoleum, terrazzo, tile or other
suitable material. If concrete is used, it must be sealed. If wood is used, it must be hardwood with tight joints
and properly sealed with paint, varnish or other suitable sealant. Carpeting is prohibited in areas such as food
preparation, utensil washing, food storage, bar areas or in toilet room areas where urinals or toilet fixtures
are located, or other similar areas.
(b) Floor drains shall be provided wherever fluid waste discharges from equipment such as ice
machines, beverage dispensers or any similar equipment, and an air gap must be provided.
(c) Floor/wall joints are to be coved or provide cove based molding.
(d) Walls and ceilings in food preparation areas and utensil washing areas must have a smooth,
washable surface.
(e) Exposed utility service lines and pipes should be installed in a way that does not obstruct or prevent
cleaning of the walls and ceilings. Utility service lines and pipes should not be unnecessarily exposed on
walls or ceilings in walk-in refrigeration units, food preparation areas, equipment washing and utensil
washing areas, toilet rooms and vestibules.
(Res. 97-01. Passed 8-21-97.)
1721.04 VENTILATION.
An exhaust canopy is required over all ranges, griddles, ovens, deep fryers, rotisseries and similar
equipment. All ventilation equipment must be approved and inspected by Grandview Heights Fire and/or
Building Department.
(Res. 97-01. Passed 8-21-97.)
1721.05 LIGHTING.
(a) A minimum of 40 foot candles of lighting is required on all food preparation and utensil washing
areas.
(b) A minimum of 40 foot candles of lighting is required on bar sinks, mix stations and etc., provided,
when in the opinion of the Health Commissioner, light over bar sinks, etc., may cause a hardship. Light
intensity may be reduced to twenty foot candles.
(c) Lighting fixtures shall be shielded to eliminate the possibility of broken glass falling into food or
food utensils.
(Res. 97-01. Passed 8-21-97.)
1721.06 TOILET FACILITIES.
(a) Any food service food establishment operation with seating capacity of five or more must provide
public restrooms, one male and one female.
(1) Toilet facilities shall be provided according to Rule 4101:2-22-07 of the Ohio Administrative
Code (Article 22 of the Building Code Section of the "Ohio Basic Building Code").
(2) Lavatories also shall be located in or immediately adjacent to toilet rooms or vestibules.
(3) Each lavatory shall be provided with hot and cold or warm potable running water.
(4) All public restroom facilities shall be so located to prevent trespassing through any food
preparation or handling areas.
(5) Toilet rooms used by women shall have at least one covered waste receptacle.
(6) Any food service/food establishment operation that is closed for more than one year and re-opens
will be required to comply with this regulation.
(7) All facilities existing prior to the effective date of this section will be excluded from this
amendment.
(b) Doors on all toilet rooms shall be self-closing and tight-fitting. Toilet rooms shall be ventilated by
an open window properly screened or by mechanical exhaust to the outside air.
For ratio of toilet rooms contact the State Building Department or Local Building Department.
(Res. 97-01. Passed 8-21-97.)
1721.07 HANDWASHING FACILITIES.
Adequate and convenient handwashing facilities shall be provided within the area where food is prepared
and utensils are washed. The facilities shall include hot and cold running water under pressure, soap, and
approved drying facilities.
(Res. 97-01. Passed 8-21-97.)
1721.08 INSTALLATION OF EQUIPMENT.
Equipment shall be installed so that all areas of equipment and areas around them can be easily accessible
for cleaning.
(Res. 97-01. Passed 8-21-97.)
1721.09 FLOOR MOUNTING.
(a) Some equipment is designed and constructed so as to be mounted directly to the floor, said
equipment shall be sealed to the floor around the entire perimeter of the equipment. This type of equipment
includes bars, back bars, counters, base cabinets, walk-in boxes, some refrigerated display cases and other
similar equipment. A cove base, properly sealed, shall be used around any floor mounted equipment.
(b) Ranges, griddles, ovens, deep fryers, broilers and other similar equipment shall not be sealed to the
floor.
(Res. 97-01. Passed 8-21-97.)
1721.10 MASONRY BASES.
Cooking equipment stands, chef' s tables, counters, back bars, base cabinets and equipment of this nature
may be placed on solid masonry bases. The equipment shall overhang the base at least two inches. Care must
be taken to insure that it is entirely sealed and all cracks and crevices eliminated. Masonry bases shall be
constructed to have a minimum height of at least two inches and be coved at the juncture of the platform and
the floor with at least a 3/4 inch radius. Adjacent equipment shall not be sealed.
(Res. 97-01. Passed 8-21-97.)
1721.11 WALL MOUNTED EQUIPMENT.
Wall mounted equipment shall be installed to the supporting wall in such a manner as to prevent liquid
waste, dust and debris from collecting between the equipment and the wall, and with at least six inch
clearance between lowest horizontal member and the floor, or sealed to the wall.
(Res. 97-01. Passed 8-21-97.)
1721.12 CASTERS AND LEGS.
(a) Most equipment installed today is on either casters or legs. When legs are used, six inch clearance
must be maintained between bottom of the equipment and floor, with no obstructions. Equipment on legs
must be accessible for cleaning on all sides. In order for this to be acceptable, equipment less than sixty
inches long must have a minimum of fourteen inch space on both sides and six inch space in the rear or a
minimum of six inch space on both sides and fourteen inch space in the rear. If the latter is used, the fourteen
inch space in the rear must be accessible, with no obstruction.
(b) The use of casters on equipment eliminates the need for spacing. When casters are used, service
lines shall be flexible or able to be disconnected with approved couplings.
(c) Each piece of equipment is considered as separate. The Board of Health does not approve
manifolding equipment together and sealing with sealant and/or sealing strips.
(d) Dish washing machines over sixty inches in length shall be spaced fourteen inches from the wall, or
sealed to the wall where spacing may be a hardship.
(e) Exhaust hoods need to be sealed to the wall and ceiling or have sufficient space for cleaning.
(f) Refrigerators with top mount condensers, remote condensers, or that are on six inch legs may be
sealed to walls.
(g) Installation of wall mounted equipment, such as broilers or cheese melters, will be determined after
review of brochures, drawings, specifications and in accordance with the policies set forth in this section.
(h) Wall mounted salad dispensers and refrigerated show cases may be secured and properly sealed to
walls.
(i) Walk-in coolers and freezers shall have a twenty-four inch clearance between the structure ceiling
and the top of the walk-in, or the area between the walk-in top and ceiling must be sealed, sealed to floor,
sealed to walls or provided with adequate space for cleaning.
(j) Walk-in coolers and freezers must be constructed of an impervious material. Walk-in units shall not
have wooden interiors. Condensate must drain to floor drain located outside of the walk-in.
(k) All permanent salad bars must have floor drains.
(Res. 97-01. Passed 8-21-97.)
(a)
(b)
(c)
97-01.
1721.13 BAR EQUIPMENT.
Glass chillers shall be on casters.
Beverage lines shall be concealed to the point of connection where possible.
All cold plates must be built into ice bins and separated from ice used for consumption. (Res.
Passed 8-21-97.)
1721.14 BASIC REQUIREMENTS REGARDING PLUMBING FIXTURES.
(a) Where washing and sanitizing utensils and equipment is conducted manually, a three compartment
sink of adequate size and proper drainboards are required.
(b) Free standing sinks and drainboards for dish washing machines shall be spaced a minimum of four
inches from all walls.
(c) Handwashing sinks in food preparation and utensil washing areas are required.
(d) Waste sink with hot and cold running water under pressure at each bar may be required.
(e) A utility sink (janitor sink) shall be required for structural cleaning and disposal of waste waters.
(f) Food waste grinders are not permitted in three compartment sinks.
(g) When grease traps or interceptors are required, they are to be located outside of the food
preparation areas and located in a manner so as to be easily accessible for cleaning and are to be properly
maintained at all times. Contact the Franklin County Health Department Plumbing Section for an approved
grease trap or interceptor location at 462-3865.
Contact the Grandview Heights Building Department for securing proper plumbing permits. (Res. 97-01.
Passed 8-21-97.)
CHAPTER 1725
Dead Animals
1725.01
Disposal.
CROSS REFERENCES
Nuisance conditions - see GEN. OFF. 505.08
1725.01 DISPOSAL.
No person shall place or deposit or permit to be placed or deposited the carcass of a dead animal in any
street, alley, open excavation, abandoned well or cistern, ditch, stream, or body of water, or onto the surface
of the ground, or in any other manner deemed improper by the Board of Health. The owner or occupant of
the land on which the carcass of a dead animal is found shall promptly provide for its proper removal and
disposal. The carcass shall be disposed of in a manner to avoid the creation of a nuisance or the
contamination of a water supply, by burning in a crematory suitable for the purpose, by reduction in a plant
operating under license of the State Department of Agriculture, or by burial under at least three feet of earth
cover at a point not less than fifty feet from any water supply, building of human occupance, road, stream or
body of water. This section does not apply to the burial requirements for domesticated animals weighing ten
pounds or less.
(Res. 97-01. Passed 8-21-97.)

Grandview Heights 3

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