Cleveland does not have a citywide owner-occupancy mandate for ADUs in the Codified Ordinances, but Board of Zoning Appeals (BZA) ADU variances commonly include owner-occupancy as a condition. Cleveland's rental-registration program under CO Chapter 369 requires registration of all rental dwellings regardless of owner occupancy.
Cleveland's Codified Ordinances do not contain a general statutory owner-occupancy requirement that conditions ADU permits. However, when ADUs are approved through Board of Zoning Appeals variance, the BZA frequently imposes an owner-occupancy condition in the variance order — typically requiring the owner to reside in either the primary dwelling or the ADU. Approved two-family and three-family dwellings in zoning districts that permit them have no owner-occupancy requirement. Cleveland's rental-registration program under Chapter 369 requires all non-owner-occupied dwellings to be registered annually with the Department of Building and Housing and to obtain a Certificate of Disclosure. Lead-safe certification is required under Chapter 240 for most pre-1978 rental units, regardless of ADU status. Ohio Revised Code does not preempt municipal owner-occupancy conditions.
Violation of a BZA variance condition (including owner-occupancy) can result in revocation of the variance and certificate of occupancy by the Director of Building and Housing. Rental registration violations under CO Chapter 369 carry fines up to $1,000 per occurrence plus inability to enforce rental contracts. Lead-safe certification failures under Chapter 240 carry separate civil penalties.
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