Richmond Heights City Zoning Code
ARTICLE IV
Zoning Districts - Use and Regulations
Section 405.180 "R-1" (15,000) Single-Family Residential District.
[Ord. No. 4238 §2(303.0), 10-3-1988; Ord. No. 4297 §1, 11-6-1989; Ord. No. 4335 §2, 6-4-1990; Ord. No. 4624 §2, 6-3-1996; Ord. No. 5533, 4-1-2024]
A.
Intent And Purpose. The purpose of this district is to protect and conserve areas of predominantly low density, detached single-family residences by requiring all construction to be compatible with the height, bulk and setback characteristics of surrounding and adjacent residences.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
D.
Use Regulations.
1.
Lot Size. Every lot shall have an area of not less than fifteen thousand (15,000) square feet, except that if a lot has less area than herein required and the plat thereof has been duly recorded prior to the date of passage of this Chapter, such lot may be used for a single-family dwelling.
For uses other than dwellings, the lot area shall be adequate to provide the yard required by this district and the off-street parking required by Article VI of this Chapter.
2.
Yards.
a.
Front Yard.
(1)
There shall be a front yard having a depth of not less than forty (40) feet, unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have a front yard line having a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than seventy-five (75) feet.
(2)
Where lots have a double frontage, the required front yard shall be provided on both streets. The orientation of the structure accommodating the primary use shall be on the street on which the adjacent uses are oriented except when the predominant orientation of uses on the block is contrary to the orientation of the adjacent uses. The predominant orientation of the block shall govern in those cases.
(3)
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than twenty-eight (28) feet. No accessory building shall project beyond the front yard line on either street.
b.
Side Yard.
(1)
Except as provided in the following paragraph and in Section 405.270, there shall be a side yard on each side of a building, said yard to have a width of not less than ten percent (10%) of the width of the lot, but not less than six (6) feet.
(2)
The side yard on each side of a building on a lot having a width of twenty-five (25) feet or less, where a lot has been duly recorded at the time of passage of this Chapter, shall have a width of not less than three (3) feet.
3.
Height And Bulk. No building or structures as related to building or structure height limitations shall exceed three (3) stories or forty (40) feet in height, except as provided in Section 405.270.
Section 405.190 "R-2" (5,000) Single-Family Residential District.
[Ord. No. 4238 §2(304.0), 10-3-1988; Ord. No. 4335 §3, 6-4-1990; Ord. No. 4624 §2, 6-3-1996; Ord. No. 4688 §1, 10-20-1997; Ord. No. 5533, 4-1-2024]
A.
Intent And Purpose. The purpose of this district is to protect and conserve areas of predominantly low density, detached single-family residences by requiring all construction to be compatible with the height, bulk and setback characteristics of surrounding and adjacent residences.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
D.
Use Regulations.
1.
Lot Size. Every lot shall have an area of not less than five thousand (5,000) square feet, except that if a lot has less area than herein required and the plat thereof has been duly recorded prior to the date of passage of this Chapter, such lot may be used for a single-family dwelling.
For uses other than dwellings, the lot area shall be adequate to provide the yard required by this district and the off-street parking required by Article VI of this Chapter.
2.
Yards.
a.
Front Yard.
(1)
There shall be a front yard having a depth of not less than thirty-five (35) feet, unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have a front yard line having a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than sixty (60) feet.
(2)
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than twenty-eight (28) feet. No accessory building shall project beyond the front yard line on either street.
b.
Side Yard.
(1)
Except as provided in the following paragraph and in Section 405.270, there shall be a side yard on each side of a building, said yard to have a width of not less than ten percent (10%) of the width of the lot, but not less than six (6) feet.
(2)
The side yard on each side of a building on a lot having a width of twenty-five (25) feet or less, where a lot has been duly recorded at the time of passage of this Chapter (October 3, 1988), shall have a width of not less than three (3) feet.
3.
Height And Bulk. No building or structures as related to building or structure height limitations shall exceed two and one-half (2 ½) stories or thirty-five (35) feet in height, except as provided in Section 405.270.
Section 405.200 "R-3" Low Density Multi-Family Residential District.
[Ord. No. 4238 §2(305.0), 10-3-1988; Ord. No. 4335 §4, 6-4-1990; Ord. No. 4624 §2, 6-3-1996; Ord. No. 5533, 4-1-2024]
A.
Intent And Purpose. The purpose of the this district is to protect and conserve areas of predominantly detached single-family dwellings, two-family residences, duplexes, townhomes villas, triplexes, etc., of five (5) or fewer units; by requiring all construction to be compatible with the height, bulk and setback characteristics of surrounding and adjacent residences.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
D.
Use Regulations.
1.
Lot Size.
a.
A lot on which there is erected a single-family dwelling shall contain an area of not less than five thousand (5,000) square feet.
b.
A lot on which there is erected a two-family dwelling, a duplex, a townhome, a villa, a triplex, etc., shall contain an area of not less than twenty-five hundred (2,500) square feet per dwelling unit.
c.
Where a lot has less area than five thousand (5,000) square feet and was of record at the time of the passage of this Chapter, that lot may be used only for single-family dwelling purposes.
For uses other than dwellings, the lot area shall be adequate to provide the yard required by this district and the off-street parking required by Article VI of this Chapter.
2.
Yards.
a.
Front Yard.
(1)
There shall be a front yard having a depth of not less than forty (40) feet, unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have a front yard line having a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than seventy-five (75) feet.
(2)
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than twenty-eight (28) feet. No accessory building shall project beyond the front yard line on either street.
b.
Side Yard.
(1)
Except as provided in the following paragraph and in Section 405.270, there shall be a side yard on each side of a building, said yard to have a width of not less than ten percent (10%) of the width of the lot, but not less than six (6) feet.
(2)
The side yard on each side of a building on a lot having a width of twenty-five (25) feet or less, where a lot has been duly recorded at the time of passage of this Chapter (October 3, 1988), shall have a width of not less than three (3) feet.
3.
Height And Bulk. No building or structures as related to building or structure height limitations shall exceed three (3) stories or forty (40) feet in height, except as provided in Section 405.270.
Section 405.210 "R-4" High-Density Multi-Family Residential District.
[Ord. No. 4238 §2(306.0), 10-3-1988; Ord. No. 4335 §5, 6-4-1990; Ord. No. 4624 §2, 6-3-1996; Ord. No. 5533, 4-1-2024]
A.
Intent And Purpose. The purpose of this district is to protect and conserve areas of predominantly multi-family or apartment dwellings built at high density, greater than five (5) units, and to provide for the development of building types in accordance with standards which insure their compatibility with surrounding uses.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
E.
Use Regulations. All uses within the "R-4" District shall conform to the following regulations:
1.
Intensity And Bulk.
a.
Site Area. Any site zoned "R-4" High Density Multi-Family Residential District shall have a minimum area of not less than one (1) acre unless the project abuts an existing multi-family zone.
b.
Minimum lot area.
Single-Family | 5,000 square feet per dwelling unit |
Two-Family | 2,500 square feet per dwelling unit |
Multi-Family | (2½ stories or less) 2,500 square feet per dwelling unit; or 1,800 square feet per dwelling unit for buildings over 2 ½ stories, where approved by the Planning Commission during site plan review as being compatible with surrounding development. |
For uses other than dwellings, the lot area shall be adequate to provide the yard areas required in this district and off-street parking as required in Article VI of this Chapter. | |
c.
Lot Width (measured at the building line).
Single-Family | seventy (70) feet |
Two-Family | seventy (70) feet |
Multi-Family | (2 ½ stories or less) seventy (70) feet |
Multi-Family | (more than 2 ½ stories) eighty (80) feet |
For uses other than residential, the lot width shall be adequate to provide the yard areas required in this district and the off-street parking required in Article VI of this Chapter. | |
d.
Lot Coverage. The maximum lot coverage by buildings and structures shall not exceed sixty percent (60% ).
e.
Yard Requirements.
(1)
Front Yard. Not less than twenty (20) feet.
(2)
Side Yard. Not less than ten (10) feet, except in the case of a corner lot or parcel where the side yard on the road or street side shall not be less than twenty (20) feet.
(3)
Rear Yard. Not less than thirty-five (35) feet.
(4)
The above requirements shall apply to every lot, building or structure.
f.
Height Requirements. Except as is otherwise provided in Section 405.270, no building or structure shall exceed six (6) stories above finished grade or seventy (70) feet, whichever is the lesser.
g.
Distance Between Grouped Buildings. In addition to the required setback lines provided elsewhere in this Chapter, the following minimum distances shall be required between each structure one and one-half (1 ½) stores in height or less:
Front to front | fifty (50) feet |
Back to back | fifty (50) feet |
Side to side | twenty (20) feet |
Front to side | thirty-five (35) feet |
Back to side | thirty-five (35) feet |
Corner to corner | fifteen (15) feet |
The following minimum distance shall be required between structures in developments with buildings in excess of two and one-half (2 ½) stories in heights: |
Front to front | sixty (60) feet |
Front to back | sixty (60) feet |
Front to side | sixty (60) feet |
Side to side | fifty (50) feet |
Back to side | forty-five (45) feet |
Back to back | sixty (60) feet |
Corner to corner | fifty (50) feet |
In no instance shall a dwelling unit less than four (4) stories in height face directly upon the rear of another residential building. |
In applying the above standards, the front of the building shall mean the main entrance and all dimensions shall be measured accordingly. In cases where there is ambiguity, the City shall reserve the right to have the Zoning Administrator make the determination of the main entrance. |
2.
Off-Street Parking. On-site automobile parking shall be provided in accordance with Article VI of this Chapter.
3.
Minimum Unit Size. Every unit constructed in the "R-4" District shall contain at least six hundred (600) square feet of livable floor area, exclusive of garage, basement or attic, except in the case of housing designed specifically for the elderly which shall have a minimum of four hundred fifty (450) square feet of livable floor area per unit.
4.
Landscaping And Screening. Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district, then a landscaped yard of at least fifteen (15) feet in width shall be provided along such a lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a masonry wall or solid fence of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard within two (2) feet of the property line.
Section 405.220 (Reserved) [1]
[1]
Editor's Note: Former Section 405.220, "R-5" Multi-Family Residential District, was repealed 4-1-2024 by Ord. No. 5533. Prior history includes: Ord. No. 4238; and Ord. No. 4274.
Section 405.230 (Reserved) [1]
[1]
Editor's Note: Former Section 405.220, "R-6" Multi-Family Residential District, was repealed 4-1-2024 by Ord. No. 5533. Prior history includes: Ord. No. 4725; Ord. No. 4733; and Ord. No. 5510.
Section 405.240 "C" Commercial District.
[Ord. No. 4238 §2(308.0), 10-3-1988; Ord. No. 4624 §2, 6-3-1996; Ord. No. 5533, 4-1-2024]
A.
Intent And Purpose. This district is intended to accommodate a variety of retail, service and office uses which are not dependent on high visibility from arterial streets for business generation. Many of the uses are dependent on the proximity of other business and nearby residential areas for their economic livelihood. The regulations in this district are designed to maintain the beneficial spatial relationships of the uses as well as minimizing negative impacts on adjacent residential uses.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
E.
Use Regulations.
2.
Maximum Structure Height. No building or structures as related to building or structure height limitations shall exceed three (3) stories, nor shall it exceed forty-five (45) feet in height, except buildings may exceed three (3) stories in height if the building conforms to the following requirements: The ratio of the floor area of the building to the area of the lot shall not exceed l to 1.5. The floor area shall be the gross horizontal area of the several floors, including basements, cellars and penthouses (but excluding such areas within the building which are used for parking) measured from the exterior walls of the building. The area of the lot shall mean the total area of the site, exclusive of the area occupied by streets.
3.
Yard.
a.
Front Yard.
(1)
There shall be a front yard having a depth of not less than fifteen (15) feet unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have observed a front yard line with a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than thirty (30) feet.
(2)
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than forty (40) feet. No accessory building shall project beyond the front yard line on either street.
b.
Side And Rear Yards. None required, although when provided, shall not be less than five (5) feet.
c.
Transitional Yard.
(1)
Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district, then a landscaped yard of at least ten (10) feet in width shall be provided along such lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a solid decorative wall or fence of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard.
(2)
Where a commercial development is located adjacent to or across a street from a residential district, a transitional yard shall be provided, as approved by the Planning Commission in accordance with the provisions of Section 405.390.
(4)
Nothing in this Section shall be construed to allow or require a fence in a front yard in the case of a corner lot with double frontage.
F.
Supplemental Regulations.
1.
Residential loft units are allowed above retail or office uses subject to the following limitations:
a.
Residential uses shall be complementary and secondary to the primary retail commercial and office uses.
b.
Residential uses shall be restricted from street-level building floors except as permitted through a special use permit. In no case shall a residential use occupy a street-level storefront.
c.
Residential uses shall not restrict or limit hours of operation, parking, loading, unloading, trash disposal or other activities associated with a permitted commercial or office uses.
d.
New construction, renovation or other improvements required to accommodate residential uses shall be complementary to the established character of existing uses.
2.
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
a.
All lighting sources shall be adequately shielded and positioned to avoid glare or direct visibility of the light source from adjoining residential property and streets.
b.
All outdoor lighting visible from any adjoining properties, except for lighting required for security or safety, shall be turned off between the hours of 11:00 P.M. and 6:00 A.M. except as authorized by special use.
c.
Low-pressure sodium lights may not be used in parking areas or at main entrances. Light fixtures that broadcast light over large areas or that are a source of glare, sky-glow or other light pollution shall not be permitted.
d.
Building-mounted lighting shall not extend above the roof line of the building on which it is mounted.
Section 405.250 "MU" Mixed-Use District.
[Ord. No. 4238 §2(309.0), 10-3-1988; Ord. No. 5178 §1, 9-6-2011; Ord. No. 5533, 4-1-2024]
A.
Intent And Pupose. This district is intended to accommodate convenience retail/service facilities at a scale and intensity of use which is compatible with and serves adjacent residential uses.
B.
Permitted Uses. The listing of permitted uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
C.
Conditional Uses. The listing of conditional uses is set out in Appendix "A" of these regulations, which is set out at the end of this Chapter.
E.
Use Regulations.
2.
Bulk.
a.
Maximum Height. No building or structures as related to building or structure height limitations shall exceed four (4) stories above finished grade, or fifty (50) feet in height, whichever is lesser.
3.
Yard.
a.
Front Yard.
(1)
There shall be a front yard having a depth of not less than thirty-five (35) feet unless forty percent (40%) or more of the frontage on the same side of the street as the subject property between the two (2) nearest intersecting streets is improved with buildings which have observed a front yard line with a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than forty (40) feet.
(2)
Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of a corner lot, except that the buildable width of such lot shall not be reduced to less than thirty-five (35) feet. No accessory building shall project beyond the front yard line on either street.
b.
Side And Rear Yards. None required, although when provided, shall not be less than five (5) feet.
c.
Transitional Yard.
(1)
Where a side or rear lot line coincides with a side or rear lot line of any lot in an adjacent residential zoning district, then a landscaped yard of at least thirty-five (35) feet in width shall be provided along such lot. In addition, for any use which involves the construction of a new structure or the expansion of an existing structure, a solid decorative wall or fence of at least six (6) feet but not more than eight (8) feet in height shall be provided in such transitional yard.
(2)
Where a commercial development is located adjacent to or across a street from a residential district, a transitional yard shall be provided, as approved by the Planning Commission in accordance with the provisions of Section 405.390.
(3)
Nothing in this Section shall be construed to allow or require a fence in a front yard in the case of a corner lot with double frontage.
F.
Supplemental Regulations.
1.
Residential loft units are allowed above retail or office uses subject to the following limitations:
a.
Residential uses shall be complementary and secondary to the primary retail commercial and office uses.
b.
Residential uses shall be restricted from street-level building floors except as permitted through a special use permit. In no case shall a residential use occupy a street-level storefront.
c.
Residential uses shall not restrict or limit hours of operation, parking, loading, unloading, trash disposal or other activities associated with a permitted commercial or office uses.
d.
New construction, renovation or other improvements required to accommodate residential uses shall be complementary to the established character of existing uses.
2.
Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
a.
All lighting sources shall be adequately shielded and positioned to avoid glare or direct visibility of the light source from adjoining residential property and streets.
b.
All outdoor lighting visible from any adjoining properties, except for lighting required for security or safety, shall be turned off between the hours of 11:00 P.M. and 6:00 A.M. except as authorized by special use.
c.
Low-pressure sodium lights may not be used in parking areas or at main entrances. Light fixtures that broadcast light over large areas or that are a source of glare, sky-glow or other light pollution shall not be permitted.
d.
Building-mounted lighting shall not extend above the roof line of the building on which it is mounted.
Section 405.260 "PD" Planned Development District (PD-R, PD-C, PD-MXD).
[Ord. No. 4238 §2(310.0), 10-3-1988; Ord. No. 4323 §1, 3-5-1990; Ord. No. 4624 §2, 6-3-1996; Ord. No. 5533, 4-1-2024]
A.
Intent And Purpose. The purpose of the Planned Development District is to provide a means of achieving greater flexibility in residential and commercial development of land in a manner not possible in conventional zones; to encourage a more imaginative and innovative design of projects; to promote a more desirable community environment; and to retain maximum control over both the structure and future operation of the development.
The City Council, upon receiving recommendations of the Planning and Zoning Commission, may by ordinance authorize a Planned Development District when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts. These planned development regulations are not intended to allow excessive densities or the development of incompatible land uses, either within the development or as the development relates to the general neighborhood. The standards contained in the following provisions must be strictly adhered to by the applicant.
The City may, upon proper application, approve a planned development for a site of at least two and one-half (2.5) acres to facilitate the use of flexible techniques of land development and site design, by providing relief from zone requirements designed for conventional developments in order to obtain one (1) or more of the following objectives:
1.
Environmental design in the development of land that is of a higher quality than is possible under the regulations otherwise applicable to the property.
2.
Diversification in the uses permitted and variation in the relationship of uses, structures, open space and height of structures in developments intended as cohesive, unified projects.
3.
Functional and beneficial uses of open space areas.
4.
Preservation of natural features of a development site.
5.
Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program.
6.
Rational and economic development in relation to public services.
7.
Efficient and effective traffic circulation, both within and adjacent to the development site.
B.
Relationship Of Planned Development Districts To Zoning Map.
1.
A Mapped District. The "PD" designation is not intended to be attached to existing use districts as an overlay.
2.
Plan Approval Required. Although the "PD" designation may be applied to parcels of land as a mapped zoning district, it is the intent of this Chapter that no development or redevelopment of the property encompassed by the "PD" designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this Section. Any pre-existing uses within the area encompassed by the "PD" designation shall have the status of non-conforming uses, as outlined in Section 405.380 until such time as they are included in an approved development plan.
3.
Types Of Planned Developments. All areas of the City subject to the "PD" designation shall be assigned one (1) of the following subclassifications which shall be considered a separate use district and subject to the specific restrictions and limitations outlined in this Section.
a.
Planned Development — Residential ("PD-R"):
Planned developments involving residential uses only.
b.
Planned Development — Commercial ("PD-C"):
Planned developments involving commercial uses only.
c.
Mixed Use Developments ("PD-MxD"):
Planned developments involving a mixture of residential and non-residential uses.
These subclassifications may be designated by the City at the time of the original zoning of the parcel in question, or the City may make the designation at the time of development plan application. In the instance of a request for zoning map amendment, the applicant shall request a specific subclassification; however, it shall be at the discretion of the City, in light of the recommendations of the City's Comprehensive Plan as well as the surrounding neighborhood, to grant the requested subclassification or require a more restrictive one. |
C.
Procedures For Planned Development Approval.
1.
Pre-Application Procedure. Prior to filing an application for Planned Development approval, the prospective applicant shall request a pre-application conference with the City's planning staff. Such request shall include a brief and general narrative description of the nature, location and extent of the proposed planned development and a list of any professional consultants advising the prospective applicant with respect to the proposed planned development. Upon receipt of such request, the City planning staff shall promptly schedule a conference.
2.
Preliminary Development Plan. A preliminary development plan shall be submitted to the Planning and Zoning Commission with the application for a planned development. A final development plan, including the requirements of a preliminary plan, may be submitted as a single application when the development will be constructed as a single phase. The preliminary plan shall contain the following information:
a.
Site And Landscape Plan. One (1) of a series of maps shall be submitted (minimum scale 1" = 50') indicating:
(1)
An outboundary plat;
(2)
The location, size and height of all existing and proposed structures on the site;
(3)
The location and general design (width and materials) of all driveways, curb cuts and sidewalks, including connections to building entrances; as well as the location and nature of construction of all curbs and guttering;
(4)
The location, area and number of proposed parking spaces;
(5)
Existing and proposed grades at an interval of one (1) foot or less, extended beyond the project site to include adjacent properties and structures;
(6)
The location and general type of all existing trees over six (6) inch caliper and, in addition, an indication of those to be retained;
(7)
The proposed general use and development of internal spaces, including all recreational and open space areas, plazas and major landscaped areas by function, and the general location and description of all proposed outdoor furniture (seating, lighting, telephones, etc.);
(8)
The location and approximate size of all proposed plant material by type, such as hardwood/deciduous trees, evergreen trees, flowering trees and shrub masses, and types of ground cover (grass, ivies, etc.). Planting in parking areas should be included;
(9)
The location of all retaining walls, fences (including privacy fences, etc.) and earth berms;
(10)
The definition and location of all refuse collection facilities including screening to be provided; and
(11)
Provisions for both on- and off-site storrnwater drainage and detention related to the proposed development.
The scale of the drawing or drawings indicating the above shall be reasonably related to the site size and the complexity of the proposed development, and the scale shall in no event be smaller than 1" = 50'. All drawings shall likewise indicate a project name, the names of adjoining streets, the applicant's name, a scale, a north arrow, and the date drawn. |
The applicant may be required to provide, at applicant's expense, additional clarification and/or further detail of the preliminary plan, as deemed necessary by the Planning and Zoning Commission. |
b.
Site And Building Sections. Schematic or illustrative sections shall be drawn to a scale of 1" = 8' or larger, indicating both edge conditions and internal grade changes in relation to principal variations of internal building levels and sight line relations to adjacent residences.
c.
Architectural Elevations. Architectural elevations of proposed buildings shall be provided at a reasonable scale.
d.
Project Data.
(1)
Site area (square feet and acres);
(2)
Allocation of site area by building coverage, parking, loading and driveways, and open space areas including total open space, recreation area, landscaped areas and others;
(3)
Total dwelling units and floor area distributed by general type (l bedroom, 2 bedroom, etc.);
(4)
Floor area in non-residential use by category;
(5)
Residential density distribution for the entire project; and
(6)
Calculations of parking spaces and area in relation to dwelling units and commercial floor area.
e.
Project Report. A brief project report shall be provided to include an explanation of the character of the proposed development, verification of the applicant's ownership and contractual interest in the subject site, and anticipated development schedule. At the discretion of the Planning and Zoning Commission and/or City Council, analyses by qualified independent technical personnel or consultants chosen by the City may be required as to the market and financial feasibility, traffic impact, environmental impact, stormwater and erosion control, etc., of the proposed development, which analyses shall be paid for by applicant.
f.
Phased Development. If the planned development is proposed to be constructed in stages or units during a period extending beyond a single construction season, a development schedule indicating:
(1)
The approximate date when construction of the project can be expected to begin;
(2)
The order in which the phases of the project will be built; and
(3)
The minimum area and the approximate location of common open space and public improvements that will be required at each stage.
If any stage or unit as proposed contains a share of open space or other public or private recreation or service facility less than that which its size, number of units or density would otherwise require, a statement shall be submitted setting forth what bond, credit, escrow or other assurance the applicant proposes in order to insure that the difference between that which would otherwise be required and that which the applicant proposes to provide in the instant stage or unit is ultimately provided. |
3.
Review procedure - preliminary development plan.
a.
An application together with a complete preliminary development plan, including information as required in Section 405.390 shall be considered at the first (1st) regularly scheduled Planning and Zoning Commission meeting but not sooner than twenty-one (21) days from the filing of the completed application. Notices of the Planning and Zoning Commission meeting shall be sent to owners of record of all properties within three hundred (300) feet of the parcel included in the application.
b.
Staff Review. The Zoning Administrator shall coordinate a review of the application by appropriate affected City departments to determine its compliance with all applicable ordinances and regulations. A written report documenting the review and staff recommendations shall be prepared by the Zoning Administrator or his/her designee and submitted to the Planning and Zoning Commission at the meeting at which it first considers the application.
c.
After consideration of the application and staff report, the Planning and Zoning Commission shall make a report to the City Council regarding the impact of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities, and other matters pertaining to the general public health, safety and welfare of the City of Richmond Heights. The findings and recommendation of the Commission shall be transmitted to the City Council. If the Commission's recommendation is for approval, its report shall contain the conditions or restrictions recommended by the Commission with respect to the preliminary development plan.
d.
The City Council shall hold a public hearing thereon upon at least fifteen (15) days' public notice. If the preliminary development plan is approved by the City Council, it shall adopt an ordinance approving said preliminary development plan with conditions as specified therein which shall become effective on approval by the Planning and Zoning Commission of the final development plan.
e.
Final Plan. Within nine (9) months following passage of the ordinance approving the preliminary development plan, but at least twenty-one (21) days before the next regularly scheduled meeting of the Planning and Zoning Commission, the petitioner shall submit a final development plan to the Planning and Zoning Commission for its review and consideration to determine if said final development plan is in conformance with the approved preliminary development plan and with the imposed conditions of approval. The final development plan shall reflect the entire planned development if it is to be completed in one (1) phase, or a phase of the planned development if it consists of more than one (1) phase. The final development plan, in addition to the matters shown on the preliminary development plan, shall include the following:
(1)
The existing and proposed contours at two (2) foot intervals;
(2)
The landscape plan with the specific location of all plant material, specifying size, species and location (both as to the buffer area around the perimeter as well as that in the parking lot);
(3)
Nature of use, as single-family, condominium, or multi-family, and/or commercial or manufacturing uses;
(4)
All structures, present and future, specifying location, size, elevation and design, none of which may deviate substantially from the approved preliminary development plan;
(5)
Sidewalks;
(6)
Parking spaces, including underground parking and moving traffic lanes;
(7)
Method of disposal of trash and garbage;
(8)
Ingress and egress facilities;
(9)
Parking facilities for visitors;
(10)
Plan for the provision of water and sanitary and storm water drainage facilities;
(11)
All easements and dedications;
(12)
Any signs, location and size;
(13)
Details of lighting of parking lots and outside of buildings, including location, type and intensity;
(14)
All other information which the Planning and Zoning Commission or the City Council may designate.
4.
Review Procedure — Final Development Plan.
a.
An application together with a complete preliminary development plan, including information as required in Section 405.390, shall be considered at the first (1st) regularly scheduled Planning and Zoning Commission meeting but not sooner than twenty-one (21) days from the filing of the completed application.
b.
Staff Review. During the time between the filing of a complete final development plan with the Zoning Administrator and the next regularly scheduled Planning and Zoning Commission meeting, the Zoning Administrator or his/her representative shall review the final development plan for compliance and report to the Commission the findings of his/her review. The Zoning Administrator shall establish the dollar amount of any bond required by the City to assure completion of the improvements
c.
After consideration of the application and staff report, the Planning and Zoning Commission shall approve, approve with conditions, or deny the final development plan. The final development plan shall conform to the preliminary development plan. If the final development plan does not conform to the preliminary development plan, or if the conditions of the preliminary development plan approval are not adequately met, the final development plan shall not be approved.
d.
Upon approval of the final development plan by the Planning and Zoning Commission, the final development plan shall be transmitted to the City Council for their information.
e.
Following approval of the final development plan by the Planning and Zoning Commission, it shall be recorded at the applicant's expense, with the St. Louis County Recorder of Deeds and a reproducible mylar of such recorded plan furnished to the Zoning Administrator. Any bonds required to insure completion of required improvements or open space shall be completed and in place prior to recording of the final development plan.
5.
Amendments Or Changes To An Approved Development Plan. Should an applicant with ownership or contractual interest in any property within an area subject to an approved preliminary and/or final development plan find that any amendments or changes are necessary to the previously approved development plan, an application shall be submitted, at least twenty-one (21) days before the next regularly scheduled Planning and Zoning Commission meeting, for administrative and Planning and Zoning review to the Zoning Administrator who shall institute an administrative review by all affected City departments of the proposed amendments or changes. Notification of the proposed changes to the plan shall be sent to all property owners of record within three hundred (300) feet of the parcel included in the application. This notification shall also include all property owners of record within the area subject to the approved development plan. The results of this review shall be compiled by the Zoning Administrator and shall be reported by him/her to the Planning and Zoning Commission for their consideration. Upon receiving the application for proposed amendments or changes to the development plan and associated documents from the Zoning Administrator, the Commission shall complete its review of the application, either denying, approving or approving with conditions. The application, supplemental documents and the Commission's action and reasoning shall be forwarded to the City Council as an informational item where it shall be their option either to require a further review and approval of the proposed amendments or changes to the development plan at the Council level, or concur with the Commission by taking no further action. Appeal, protest, or Council review shall follow the same procedures as for conditional use permits, as set out in Section 405.420. Effective date and effect of denial shall also be the same as set out in Section 405.410 (E) and (F).
D.
Permitted Uses. The listing of permitted uses within each "PD" subclassification shall be as follows:
Subclassification | Requirement |
|---|---|
Planned development — Residential | Those uses set out in Appendix "A" in the "PD-R" District |
Planned development — Commercial | Those uses set out in Appendix "A" in the "PD-C" District |
Planned development — Mixed use | Those uses set out in Appendix "A" under "PD-MxD" (Appendix "A" is set out at the end of this Chapter) |
Section 405.480 for specific regulations pertaining to motor vehicle related businesses. | |
E.
Area Regulations And Performance Standards. The area regulations and performance standards applicable to the individual uses within each planned development by designated subclassification shall be as follows:
2.
Modifications. The approval of the preliminary development plan may provide for such exceptions from the above-referenced regulations as may be necessary or desirable to achieve the objectives of the proposed planned development, provided such exceptions are consistent with the standards and criteria contained in this Section and have been specifically requested in the application for a planned development, and further, that no modification of the above-referenced regulations would be allowed when such proposed modification would result in:
a.
Inadequate or unsafe access to the planned development;
b.
Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;
c.
An undue burden on public parks, recreation areas, schools, fire and police protection and other public facilities which serve or are proposed to serve the planned development;
d.
A development which will be incompatible with the purposes of this Chapter;
e.
Detrimental impact on the surrounding area but not limited to visual pollution.
The burden of proof that the criteria above are not being violated shall rest with the developer and not the staff or the Planning and Zoning Commission. |
3.
Overall Development Site Size. In addition to the requirements as outlined above for individual uses within a Planned Development District, the minimum overall site size required for such planned development as a whole shall be two and one-half (2.5) acres. Provided, however, that this minimum site size may be waived by the City Council upon receiving the recommendations of the Planning and Zoning Commission if the parcel in question has certain unique characteristics, such as, but not limited to, significant topographic change, significant trees or wooded areas, wetlands, floodplain areas, soil conditions, utility easements, or unusual shape or proportions; or if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood.
4.
Period Of Validity. The period of validity of approval of a final development plan is as follows:
a.
No approval of a final development plan shall be valid for a period longer than twelve (12) months from the date of approval unless within such period a building permit is obtained and construction is commenced.
b.
The City Council may grant extensions not exceeding six (6) months each upon written request of the original applicant if the application submitted is substantially the same as the initially approved application. However, the City Council has the power in such cases to attach new conditions to approval. At such time as the period of validity of an approved final development plan lapses, the final development plan and all uses, terms and conditions thereof shall be considered null and void. No further development of the site shall be permitted except by application in accordance with the procedural requirements of this Section, whereby it shall be considered an entirely new application.
c.
Should a request for extension of an approved final development plan contain substantial changes, as determined by the Council, the Council shall require the applicant to refile his/her application subject to the requirements of this Section as if it were an entirely new application.
Section 405.265 (Reserved) [1]
[1]
Editor's Note: Former Section 405.265, "R-6" Mixed Use ("MU") Overlay District, was repealed 4-1-2024 by Ord. No. 5533. Prior history includes: Ord. No. 5116.