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Supreme Court of Ohio

Description

Is a Helipad a Permitted "Accessory" Use for a Hospital Located in a Local Retail Business District in Cleveland?

Cleveland Clinic Foundation et al. v. Board of Zoning Appeals, City of Cleveland, Case no. 2013-0654

Eighth District Court of Appeals (Cuyahoga County)

ISSUES:

When a property owner appeals a zoning board decision, is the appeal required to be reviewed de novo (under an independent standard of review)?

Is the Cleveland zoning ordinance in this case ambiguous, and, if so, must it be interpreted in the property owner's favor?

By refusing to allow a helipad to be built at a hospital, did the zoning board improperly add a limitation to the law that is not specified?

Tags

Zoning Accessory Use Hospital Business Use Business District Residential Use Expansion Helicopter Helipad Emergency Trauma Center Regulation Ordinance De Novo Review

Markers Transcript

00:00:45	Benjamin Sasse for the Cleveland Clinic Foundation
00:15:30	Carolyn Downey for the Board of Zoning Appeals, City of Cleveland
00:28:05	Summation: Benjamin Sasse for the Cleveland Clinic Foundation

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Note : Transcripts are compiled from uncorrected captions