Ordinances & Zoning

Ordinances

We are continuing our efforts to provide the community fast and thorough information by posting the Niles Codified Ordinances online. For further information about a particular ordinance, please contact the Clerk of Council by email at nbacak@thecityofniles.com .

City of Niles Codified Ordinances – A complete copy of the City of Niles’ Codified Ordinances can be viewed by clicking on the link below.  You can perform word searches, etc. on any topic contained in our code. The City of Niles’Codified Ordinances are codified, edited, and prepared for publication by The Walter H. Drane Company and the website and infobase is developed and maintained by Conway Greene Co.

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1402.10  DWELLING PERMIT

(a)  A dwelling permit shall be issued for residential non-owner occupied dwelling units as required in this section by the office of the Housing Maintenance Code Enforcement Officer.

(Ord. 1-98. Passed 2-4-98.)

(b)  REQUIRED FEE  No dwelling unit shall be occupied by any person other than the owner thereof without a residential non-owner occupied dwelling permit certifying that the dwelling meets the provisions of this Housing Maintenance Code.

(1)   No initial permit shall be issued without an inspection of the unit by the Housing Code Maintenance Officer or his designee to assure compliance with requirements of this Housing Maintenance Code.  In addition, an initial permit fee shall be paid by the owner for each dwelling unit.

(2)  The initial and renewal fee for this permit shall be $50.00 per unit except as follows:

Should the number of dwelling units within one complex exceed twenty (20), a permit fee of fifty dollars ($50.00) shall be paid for one permit provided in this section for that dwelling, and a permit fee of thirty dollars ($30.00) shall be paid for each remaining permit provided for in this section for the remaining dwellings.

(3)  No permit shall be issued for a dwelling unti subject to this section without certification after inspection that the requirements of this Housing Maintenance Code have been complied with.

(ORD. 06-18. Passed 2-20-2018)

1131.02 REGULATIONS FOR ACCESSORY BUILDINGS.

Accessory buildings shall be subject to the following regulations:

(a) No accessory building shall be used for the conduct of a business or industry therein.

(b) Accessory buildings shall be permitted for the following purposes:

(1) Detached private garage on the same lot as the principal building. No part of any such private garage shall be used for residence purposes.

(2) Storage building or structure, including a green house, pool house, gazebo and similar structures.

(c) Accessory buildings may only be located in the rear yard.

(d) The area occupied by all permitted accessory uses shall not exceed the lesser of twenty-five percent (25%) of the rear yard, or 1,152 square feet. In no instance shall the floor area of any accessory building exceed the ground floor area of the principal building of the lot.

(e) Any permitted accessory use must be located at least two feet from any lot line.

(f) Private garages (attached or detached) are further limited, so that total garage area shall not exceed 1,152 square feet in floor area.

(g) Storage buildings or other permitted structures are further limited so that only one such structure can be placed per residential parcel, except that one additional structure may be added provided it is not used for storage and its purpose is part of landscaping or recreational use, such as a patio, hot tub, gazebo, green house or similar structure. Metal storage buildings permitted under this subsection may not exceed 100 square feet. Other building or structure permitted under this subsection may not exceed 200 square feet.

(h) The minimum pitch for the roof of an accessory building shall be 4/12. The maximum height of any accessory building shall not exceed 15 feet from floor level to the roof peak.

(i) In the case of a corner lot, no wall of an accessory building shall be nearer to the side street line than the side wall of the main building. If the rear of a corner lot abuts on a lot with the principal frontage on the side street, the accessory building on such corner lot shall be setback from the side street line a distance of not less than twenty-five feet.

(j) Swimming pools shall not be considered an accessory use, but shall remain five feet from any property line, and a five foot “green area” shall be maintained around them. No swimming pools may be placed in front of the building setback line.

(k) Canvas free standing structures other than for extraordinary uses as permitted by zoning officials shall be prohibited as accessory buildings. No new metal free standing structure other than a metal storage building not exceeding 100 square feet shall be permitted as an accessory building. Existing canvas free standing structures in violation of this subsection must be removed within one year of the effective date of this section.

(Ord. 14-09. Passed 6-3-09.)

1109.02 OCCUPANCY AND USE PERMITS.

(a) No vacant land and no building hereafter erected or altered shall be occupied or used in whole or in part, nor shall any owner or tenant of any land or building hereafter change the use classification or enlarge the use in any building or on any premises without a permit of occupancy and use from the Building Inspector, stating that the use of the building or premises complies with the provisions of this Zoning Ordinance.

(b) Application for a permit of occupancy and use shall be made with the application for a building permit or may be directly applied for where no building permit is necessary and shall be issued or refused in writing within five days after the Building Inspector has been notified in writing that the building or premises is ready for occupancy.

(c) The fee for the zoning permit shall be charged at a rate of twenty-five cents ($0.25) per square foot, with a minimum fee of twenty-five dollars ($25.00).

(Ord. 14-15. Passed 6-17-15.)

SMOKE ALARMS REQUIRED: In order to protect the occupants of rental units located throughout our City from fires and to reduce the chance a fire will start, at least one (1) fully operable, properly installed and appropriately placed smoke alarm must be on every floor of the structure , including the basement. IF THE RENTAL UNIT DOES NOT CONTAIN THESE DEVICES, THEY MUST BE INSTALLED IMMEDIATELY.

STAIRS/HANDRAILS: Every Inside and outside stair shall have a handrail firmly fastened, capable of supporting normally imposed loads, and shall be maintained in good condition.

ELECTRICAL & SERVICE EQUIPMENT: Every dwelling shall be serviced with a main service that is not less than 60 amperes. In order to maintain the wiring and facilities in a good and safe state of repair, and to eliminate shock hazards, the following basic code requirements shall be met:

GFI (GROUND FAULT INTERRUPTER) OUTLETS: Any electrical appliance used near wet conditions can be extremely hazardous, or even fatal. As a result, the installation of a GFI outlet in these environments can offer life saving protection. A GFI outlet will stop the flow of electricity when the appliance comes in contact with the water in an about of time less than that likely to harm a person coming in contact with the shock. One (1) GFI outlet is required in every bathroom, and any existing outlets along the entire countertop in a kitchen must be converted to the GFI type outlet;

  • Each habitable room must contain 1 light switch and 2 outlets located on opposite walls;
  • Exposed wires shall have insulation which is in good condition;
  • Every fixture and outlet shall be fastened in place and have plate covers;
  • No obvious shock hazards shall exist;
  • No electric circuit shall be overloaded.

BASIC INTERIOR MAINTENANCE:

  • The water heating facility shall be maintained in a safe working condition, and provide hot water at no less than 120 degrees at all times;
  • Each habitable room shall have a window which is operable, in a state of good repair, glazed, and provided with suitable hardware;
  • The heating unit shall be in good working order, and provide a temperature of 70 degrees plus when the outdoor temperature is 0 degrees Fahrenheit;
  • No cellar space shall be used as a dwelling unit. Basements may be used as a workroom or recreation room under certain conditions;
  • Floors, walls and ceilings shall be weathertight and kept in good repair;
  • All windows, doors and hatchways shall be kept in good repair;
  • All plumbing fixtures required shall be free of defects and be in good working condition.

BASIC EXTERIOR MAINTENANCE:

  • The exterior of the building and any accessory building and garages shall show no signs of deterioration
  • All roof covering, including porch roofs, shall be weathertight and maintained in good repair;
  • Gutters and downspouts shall be placed around all roof surfaces;
  • All stairs, proches and appurtenances shall be in good condition and good repair;
  • No lead paint shall be used for interior or exterior painting;
  • All exterior wood surfaces of an outbuilding shall be protected by paint or other appropriate coating.