City of Eastlake v. Ohio Board of Building Standards

At the threshold of our concern herein is the ultimate question of whether there is a “conflict” between the statute and ordinance. More narrowly framed for our consideration herein, the issue is whether a statute regulating over a certain matter automatically preempts and overrides a municipality from regulating on the same subject matter.

The answer is unequivocably “no.”

An ordinance is not ipso facto invalid if it regulates the same subject matter as does a statute, if there is not a “head-on collision” between the legislative enactments. An ordinance which imposes more restrictive…