Richmond Heights City Zoning Code
ARTICLE XI
Permits and Inspections
Section 405.500 Scope of Provisions.
[Ord. No. 4238 §2(604.4,A), 10-3-1988; Ord. No. 4624 §§5 — 6, 6-3-1996]
A.
This Article contains the regulations pertaining to the issuance of permits and certifications, inspections of property, and issuance of stop work, stop use orders, and enforcement against violations of the provisions of this Chapter.
Primary responsibility for securing the necessary permits shall be the property owner's.
B.
Regulations.
1.
Voiding of building permit. A permit may be revoked by the Building Commissioner at any time prior to the completion of the building or structure for which the same was issued when it shall appear to him/her that there is a departure from the plans, specifications or conditions as required under the terms of the permit, that the same was procured by false representation, or that any provisions of this Chapter or any other ordinance applicable to the subject building or structure are being violated. Written notice of such revocation shall be served upon the owner, his/her agent, or contractor, or upon any person employed on the building or structure for which such permit was issued, via a stop work order which shall be posted in a prominent location and thereafter no such construction shall proceed.
2.
Occupancy permit. It shall be unlawful for any person, firm or corporation to hereafter occupy or use any land, building or part thereof for any purpose until occupancy permit has been issued by the Building Commissioner, or his/her designee, stating that the use complies with all the provisions of the Zoning, Building, Health, and Fire Prevention Ordinances of the City.
3.
Application. Every application for an occupancy permit shall be filed at the office of the Building Commissioner, or his/her designee, and shall comply with all regulations issued by the Zoning Administrator.
4.
Issuance. No occupancy permit shall be issued until the Building Commissioner has caused the premises to be inspected and has affixed to the application for such permit his/her approval that the buildings or structures involved comply in all respects with the City's Building Code, and the use is certified by the Zoning Administrator to be in compliance with all provisions of this Chapter; provided that pending the issuance of a regular permit, a temporary permit may be issued to be valid for a period not to exceed six (6) months during the completion of any work on the premises or during partial occupancy of the premises.
5.
Voiding of occupancy permit. Any occupancy permit granted under this Chapter shall become null and void unless construction and/or use is commenced within one hundred eighty (180) days and construction completed within three hundred sixty (360) days of the date of issuance.
6.
Stop work orders. The cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of this Chapter may be effected by posting a stop work or stop use notice on the premises or by notice in writing to the owner of the property involved or to his/her agents or to the persons doing the work, in the case of a stop work order, stating the nature of the violation.
7.
Floodplain certification. Applications for floodplain certificates shall be upon the form designated by the Building Commissioner and shall include the locator number of the parcel of land for which certification is sought.
8.
Compliance with permits and certificates. Permits or certificates issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in approved plans and applications, and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this Chapter and punishable as provided by Section 405.620 herein.
Section 405.510 Entry and Inspection of Land and Buildings.
[Ord. No. 4238 §2(604.4,B), 10-3-1988]
A.
The Planning and Zoning Commission or its authorized representatives are hereby empowered in the performance of their functions to enter upon any land in Richmond Heights for the purpose of making inspection, examinations and surveys, or to place and maintain thereon monuments, markers, notices, signs or placards to effect the provisions of this Chapter. The above authorized person(s) shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Chapter.
B.
The Zoning Administrator is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress and report to the Building Commissioner any suggested stoppage of work.
Section 405.515 Building Permits – Review When – Appeal.
[Ord. No. 5538, 5-20-2024]
A.
Referral Of Application To Planning And Zoning Commission.
1.
Every application for a building permit for a residential or other building, buildings, fence or other structure which, in the opinion of the Building Commissioner:
a.
Indicates a residential or other building, buildings, fence or other structure which is unsightly, grotesque and unsuitable, when compared with surrounding residential or other buildings, fences or structures;
b.
Is detrimental to the stability of value and welfare and happiness of the community; and
c.
Does not conform in general to the surrounding property, structures and residences, shall be submitted by the Building Commissioner, along with plans, elevations, detailed drawings and specifications, to the Planning and Zoning Commission before being finally approved by the Building Commissioner.
2.
The Planning and Zoning Commission shall keep regular minutes of its proceedings relative to the provisions of this Section, as well as showing the vote of each member of the Commission upon each roll call in connection with any action taken in conformity with this Section.
3.
A majority of the Planning and Zoning Commission may adopt rules and regulations to govern the procedure before the Commission insofar as this Section is concerned.
B.
Planning And Zoning Commission Hearing — Evidence Taken — Purpose.
1.
The building permit application shall be considered at the first (1st) regularly scheduled meeting of the Planning and Zoning Commission but not sooner than twenty-one (21) days from the filing of the completed application. The members shall:
2.
The purpose of the hearing is to determine whether the proposed structure, residence or other building will conform to proper architectural standards, appearance and design of surrounding structures, residences and other buildings, and that the same will not in any way be unsightly, grotesque and unsuitable as detrimental to the stability of values and welfare of surrounding property, structures and residences and to the general welfare and happiness of the community.
3.
In evaluating the proposed building's ability to conform in general to surrounding structures and residences, comparisons of the following design features shall be considered for consistency with all properties on the block:
a.
Detail. Detail and form should be used to provide visual interest. Evaluation of the appearance of a project shall be based on the quality of its design and relationship to surroundings. Additions should relate to the existing buildings in design, details, colors and material.
b.
Scale And Proportion. The height, scale and proportion of each building should be compatible with its site and adjoining buildings. Building components such as windows and doors should have proportions appropriate to the architecture of the structure.
c.
Proportion. Elements of building massing should relate to the size and shape of those adjacent buildings.
d.
Materials. Materials should be selected for suitability to the type of building and the design in which they are used and for harmony with adjoining buildings. Materials should be of durable quality.
e.
Colors. Colors, including trim and accent colors, should be harmonious and visually compatible with neighboring buildings.
f.
Awnings, Canopies And Marquees. Awnings, canopies and marquees should fit the character of the building and not interfere with the appearance of the surrounding buildings.
g.
Preservation Of Period Detail. Original details on existing buildings such as cornices, horizontal bands and decorative elements should be preserved where practicable.
h.
Screening. Facilities, including, but not limited to, trash dumpsters and rooftop and mechanical units, should be visually screened with materials harmonious with the building.
i.
Lighting. Exterior lighting, when used, should be of a design and size compatible with the building and adjacent areas. Excessive brightness should be avoided.
j.
Landscaping. Landscape treatment, where appropriate, should be provided to enhance architectural features and provide visual interest. Landscape materials may include plants, trees, fences, walls and pavings.
C.
Additional Review Criteria For In-Fill Housing. In addition to the general review criteria of Section 405.515B(3), the following guidelines shall be observed for in-fill housing. "In-fill housing" is development on a vacant or substantially vacant tract of land surrounded by existing development. The intent of these guidelines is to ensure that in-fill redevelopment responds to the established character and variation within the various neighborhoods by utilizing complementary design characteristics, setbacks, massing and building heights.
1.
Site.
a.
Surface Water. No alteration in the flow of the existing surface water may occur which will result in increased water flow onto any adjoining residential property, nor may the natural surface water flow be altered in a way which will obstruct the flow and cause the water to back up on adjoining property. The intent is for the surface water to drain to either approved storm inlets, natural drainage ways or be conveyed by swales or pipes onto the street.
b.
Roof drains, sump pumps or other piped water system shall not be discharged onto adjacent property but shall be drained as noted in Subsection (A) above.
c.
At least fifty-five percent (55%) of the required front yard area and twenty-five percent (25%) of the required rear yard shall be permeable and landscaped, and landscaping shall consist of living trees, shrubbery, grass, flowers and/or ground cover. Property with a front entry garage and paved driveway leading to it may have additional non-permeable surface, provided that at least forty percent (40%) of the required front yard is permeable and landscaped.
2.
Trees — Recommendation. At least one (1) tree should be planted for each fifty (50) foot of street frontage. The tree should be planted in the front yard with a minimum of two hundred (200) square feet of planting area surrounding the tree. The tree shall be from the list of preferred large canopy trees listed in the Richmond Heights City Design Guidelines. If the tree cannot be planted with at least twenty (20) feet of horizontal clearance to overhead utility lines, an approved understory tree may be substituted.
3.
Building Design.
a.
Height. No building shall exceed the height restrictions described for the zoning district in which the lot is located.
b.
Any structure, which exceeds the height of the principal structure on an abutting side property by more than twelve (12) feet, shall provide a fifty percent (50%) increase to the required side yard setback or the house shall "step-down" to meet the height of the adjacent structure. Information detailing the height of the adjacent structures shall be submitted with the application for a building permit.
c.
Excessive similarity to other structures within two hundred (200) feet of the subject property shall be avoided. No single architectural style should be imposed upon the buildings and each should reflect its own individual style. Excessive dissimilarity in relation to other residential structures within two hundred (200) feet of the subject property shall be avoided. In evaluating the proposed building's ability to conform in general to surrounding structures and residences, comparisons of the following design features shall be considered:
(1)
Landscaping.
(2)
Combination of materials.
(3)
Texture of materials.
(4)
Site development.
(5)
Location of garages and carports.
(6)
Use of brick and stone. Note: If the predominate exterior finish material on the houses within two hundred (200) feet is of brick, conformance with this Section shall require a substantial use of brick.
(7)
Height of building.
(8)
Type and shape of roof.
(9)
Size, quality and placement of doors and windows.
(10)
Use of architectural design features to create visual interest.
(11)
Use of porches.
d.
Garages.
(1)
For lots over fifty (50) feet in width, as measured along the front lot line, no attached front entry garages shall be permitted. The garages shall be side or rear entry or detached from the principle structure. A front entry garage set back from the front building line not less than fifty percent (50%) of the depth of the building, shall be allowed. For corner lots fronting on two (2) streets, a front entry garage on a lot over fifty (50) feet in width shall not be allowed on the street front for which the majority of the neighboring homes are oriented. A front entry garage that does not protrude past the primary plane of the house may be erected to the side of the house which is not oriented to the neighboring homes' front entrance. "Orientation" for the purpose of this Section shall mean the plane where a majority of neighboring homes have their front entrance.
(2)
For lots fifty (50) feet in width or less as measured along the front lot line, front entry garages shall only be permitted for below grade access. A "below grade" access garage shall normally access the house at the basement level and shall not access the home at the level of the main pedestrian street front entrance. The below grade vehicle door shall be of material and designed to complement the structure and shall include raised design features and windows to break up the monotony of the door. The garage door shall not exceed sixteen (16) feet in width or fifty percent (50%) of the building width.
(3)
Below grade front entry garages shall not protrude past the primary plane of the front facade of the structure.
EXCEPTION: Grade front entry garages are permitted for lots of fifty (50) feet in width or less, provided they do not protrude more than eight (8) feet past the primary plane of the front facade of the dwelling and the dwelling shall have a covered front porch that extends the depth of the garage protrusion and runs the full length or front of the house. The vehicle door for the protruding garage shall not exceed eight (8) feet in width or thirty percent (30%) of the building width, whichever is smaller. The vehicle door shall be of material and design to complement the structure and shall include raised design features and windows to break up the monotony of the door.
(4)
Any lot which is located on an improved alley way shall access the required off-street parking from the alley.
D.
Application Approval Or Disapproval — Return Without Decision.
1.
At the meeting and after the hearing, or at any meeting within fifteen (15) days subsequent thereto, the Planning and Zoning Commission shall, by majority vote, approve the application if, in its opinion, the proposed structure will conform to proper architectural standards of appearance and design and will be in general conformity with the style and design of surrounding structures and conducive to the proper architectural development of the City.
2.
The Planning and Zoning Commission shall disapprove the application if it determines the proposed structure will constitute an unsightly, grotesque or unsuitable structure in appearance, detrimental to the welfare of surrounding property or residences, and may make recommendations in regard to the application if it sees fit.
3.
If the Planning and Zoning Commission cannot decide, it shall return the application, together with the plans, elevations, detailed drawings and specifications, to the Building Commissioner without either the approval or disapproval of the Planning and Zoning Commission. The Commission shall make such suggestions and recommendations in regard thereto as it may see fit.
E.
Issuance Of Permit — Procedure.
1.
If the Planning and Zoning Commission returns the application to the Building Commissioner without disapproval under Section 405.515(D) or if the Planning and Zoning Commission fails to act within sixty (60) days after the Building Commissioner has delivered the plans to the Planning and Zoning Commission, the Building Commissioner may issue the permit.
2.
If the Planning and Zoning Commission returns the application to the Building Commissioner with disapproval and recommendations under Section 405.515(D) the Building Commissioner may issue the permit, provided that the applicant makes appropriate changes in the drawings and specifications and agrees to comply with the recommendations of the Planning and Zoning Commission.
F.
Permit Denial — Conditions. If the Planning and Zoning Commission returns the application to the Building Commissioner with its disapproval and without recommendations, or with its disapproval with recommendations, and the applicant refuses to comply with the recommendations in either case, the Building Commissioner shall refuse to issue the permit.
G.
Appeal For Denial Of Building Permit — Procedure — Fee.
1.
If an application is refused by the Building Commissioner under Section 405.515(F) the applicant for the building permit may appeal from his/her action to the Council to review the recommendation of the Planning and Zoning Commission and the action of the Building Commissioner in connection therewith.
2.
The appeal to review may be taken by the applicant by filing with the Building Commissioner a letter directed to the Council, requesting an appeal to review the matter and asking for a public hearing before the Council, accompanied by a fee of five hundred dollars ($500.00). The letter shall be filed within ten (10) days after refusal of the building permit by the Building Commissioner. The Building Commissioner shall attach to the letter of appeal a copy of the report of the Planning and Zoning Commission in connection therewith.
H.
Council Hearing On Denial Of Building Permit — Procedure — Record.
1.
Upon an appeal being taken, the Council shall proceed to hold a public hearing, giving at least fifteen (15) days' notice of the time and place of the hearing. The notice shall first be published in a newspaper having general circulation in the City.
2.
The hearing shall be before a regular or special meeting of the Council held not more than sixty (60) days nor less than thirty (30) days after the taking of the appeal.
3.
The Council, at such hearing, shall hear any interested parties who desire to be heard and shall review the matter in every respect. After the hearing, the Council shall approve or disapprove the application, or approve the application subject to recommendations and conditions.
4.
If the Council approves the application or approves it subject to conditions and the applicant complies with the conditions, the permit shall be issued forthwith. Otherwise no permit shall be issued. The action of the Council in regard to the application, together with the report of the Planning and Zoning Commission, shall be spread on the minutes of the Council.