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ORI)INANCE NO. 67-78 BY: Brown, Chinnock, Magnotto,
<br /> McBride, Salmon, Wendling,
<br /> Brockman
<br />AN ORDINANCE to supplement the Zoning Code of the Codified Ordinances
<br />of the City of Lakewood by enacting new Chapter 1128 relating to
<br />the occupancy of three (3) family existing dwellings situated in
<br />Classification Districts RI, R2, R3, Bi, B2, BR and ×.
<br />
<br />WHEREAS, The Council of the City of Lakewood did, on February 13, 1922,
<br />enact Ordinance No. 1786 which, for the first time provided a comprehen-
<br />sive zoning plan for said citM, and,
<br />
<br />WHEREAS, The Council of the City of Lakewood did on August 11, 1973
<br />enact Ordinance No. 55-73 which amended the zoning code of the City
<br />of Lakewood, and,
<br />
<br />WHEREAS, Said ordinance provided, among other things that all dwellings
<br />in Classification Districts RI, R2, P.3, B1, B2,BR and X sha]] be occupied
<br />by not more than two (2) families, and,
<br />
<br />WHEREAS, A study further revealed that many dwellings have been occupied by
<br />more than two (2) families for many years in the above named Districts, and,
<br />
<br />WHEREAS, This Council is of the opinion that it would work an undue and
<br />unreasonable hardship on the owners of said dwellings wherein more than
<br />two (2) families have dwelt for many years to now require that these
<br />dwellings be converted back to not more than two (2) family dwellings, and,
<br />
<br />WHEREAS, This Council is also of the opinion that it would be inequitable~
<br />to require the owners of such. premises to reduce the occupancy thereof
<br />to two (2) families, and,
<br />
<br />WHEREAS, This Council is also of the opinion that any increase in the number
<br />of such dwellings would be detrimental to the health, safety and general
<br />welfare of the City of Lakewood in that it would result in the serious
<br />overcrowding of Classification Districts Ri, R2, R3, Bi, B2,BR and X
<br />would cause deterioration of the residential areas of the city, would greatly
<br />impede the flow of traffic in such areas by reason of increased parking on
<br />city streets and would greatly hamper the orderly development of the City;
<br />now, therefore.
<br />
<br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br />Section 1. That the Zoning Code of the Codified Ordinances of the City
<br />of Lakewood be and the same are hereby supplemented by enacting new
<br />Chapter 1128 to read as follows:
<br />
<br />Chapter 1128
<br />
<br />NON-CONFORMING THREE FAMILY DWELLINGS
<br />
<br />1128.01 DEFINITION
<br />
<br />Ail dwellings in Classification Districts RI, R2, R3, B1, B~ BR and X which
<br />were heretofore originally constructed toaccommodate three (3) families
<br />or have, prior to the 1st day of January, 1978 been converted to
<br />three - family accommodation shall hereafter be deemed to be a non-conforming
<br />use.
<br />
<br />1128.02 OCCUPANCY CERTIFICATE REQUIRED
<br />
<br />The non-conforming use shall be permitted to continue if the owner complies
<br />with following requirements. Within three (3) months following the effective
<br />date of this ordinances, the owners of all dwellings referred to in
<br />Section 1128.01 shall file an application with the Building Department
<br />of the City of Lakewood for a Certificate of Occupancy. Failure to file
<br />such application within said three (3) month period
<br />shall be deemed to be a waiver by the owner of the right to maintain such
<br />non-conforming use, and thereafter the occupancy of such premises shall
<br />
<br />
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