This Code shall be known as the “Zoning Code for the City of Richmond Heights, Ohio”. (Ord. 72-72. Passed 8-31-72.)
1121.02 PURPOSE AND INTENT.
The purpose of this Zoning Code and the intent of the legislative authority in its adoption is to promote and protect the public health, safety, convenience, comfort, prosperity and the general welfare of the City by regulating the use of buildings, other structures and land for residences, public facilities, institutions, business and services; by regulating and restricting the bulk, height, design, percent of lot occupancy and location of buildings; by regulating and limiting population density; and, for the aforementioned purposes, to design districts of such number and dimensions to carry out the objectives of the Master Plan; and to provide procedures for the administration and amendment of this Code.
This Zoning Code is intended to achieve, among others, the following objectives:
(a) To protect the character and values of residential, institutional and public uses, business, commercial and industrial uses, and insure their orderly and beneficial development;
(b) To provide adequate open spaces for light, air and outdoor uses, and prevent excessive concentration of population;
(c) To regulate and control the location and spacing of buildings in relation to the site and the surrounding property;
(d) To regulate the intensity of uses in relation to streets, to reduce the interference with traffic movement so as to improve public safety;
(e) To guide the future development of the City in accordance with the objectives of the Master Plan; and
(f) To accomplish the specific intents and goals set forth in the introduction to the respective chapters of this Zoning Code. (Ord. 72-72. Passed 8-31-72.)
1121.03 RELATION TO OTHER LAWS.
The provisions of this Zoning Code shall supplement any and all laws of the State, ordinances of the Municipality or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of this Zoning Code.
The provisions of this Code shall not annul or in any way interfere with existing deed or plat restrictions, easements or other agreements between persons, codes, laws, rules, regulations or permits previously adopted or issued except those ordinances or sections thereof which are contrary to and in conflict with this Code.
Wherever this Code imposes greater restrictions upon the use of buildings or land, the height or bulk of buildings, or requires larger land or building areas, yards or other open spaces than are otherwise required or imposed by other deed or plat restrictions, codes, laws, ordinances, rules or regulations, this Zoning Code shall control; and conversely, other regulations shall control where they impose greater restrictions than this Code.
(Ord. 72-72. Passed 8-31-72.)
1121.04 INTERPRETATION.
In interpreting and applying the provisions of this Zoning Code, such provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and shall be liberally construed to further the underlying purposes, objectives and intent set forth throughout this Zoning Code.
(Ord. 72-72. Passed 8-31-72.)
1121.05 ESSENTIAL SERVICES.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt essential services from the provisions of this Zoning Code. (Ord. 72-72. Passed 8-31-72.)
1121.06 ADMINISTRATIVE OFFICIALS; COMPLIANCE WITH CODE.
The administration of this Zoning Code is conferred upon the Director of Public Safety, the City Engineer, the Building Inspector, the Planning and Zoning Commission, the Zoning Board of Appeals, the City Landscape Architect and the Architectural Board of Review. Compliance with the provisions of this Code shall be obtained by:
(a) Applying for and the issuance of a building permit along with a zoning certificate; and if applicable, an appeal for interpretation of a provision of the Zoning Code or for a variance;
(b) Periodical inspection during construction;
(c) Issuance of a certificate of occupancy upon completion of the work;
(d) Enforcement after violations. (Ord. 72-72. Passed 8-31-72.)
1121.07 RETENTION OF JURISDICTION.
In all instances where a review and/or a finding by any City agency is required under the provisions of this Zoning Code, that agency shall retain jurisdiction over such review and/or finding and any variation from the review and/or finding shall require approval from that agency. (Ord. 72-72. Passed 8-31-72.)
1121.08 VALIDITY.
Should any chapter, section, clause or provision of this Zoning Code be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Code as a whole or part thereof other than the part so declared to be invalid.
(Ord. 72-72. Passed 8-31-72.)
1121.09 BUILDING PERMIT REQUIRED.
No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Commissioner of Building. No such building permit shall be issued for any building where such construction, addition or alteration or use thereof would be in violation of any of the provisions of this Zoning Code. Any permit issued in conflict with the provisions of this Zoning Code shall be null and void and of no effect whatsoever.
(Ord. 22-76. Passed 5-11-76.)
1121.10 VERIFICATION; LAPSE OF APPLICATION.
All applications for building permits shall be verified by at least one of the owners or lessees of the property for which the permit would apply attesting to the truth and correctness of all facts and information presented with the application and included in the application.
Any application which remains dormant by reason of failure of the applicant to pursue the issuance of a permit for a period of six months shall become null and void and, upon the expiration of such time, the Building Commissioner shall so notify the applicant and return the application and any plans, documents or papers filed to the applicant.
(Ord. 22-76. Passed 5-11-76.)
1121.11 ZONING CHANGE PENDING; BUILDING PERMIT.
Whenever legislation has been introduced in Council for a change or amendment of the Zoning Code or Map involving a change of zoning from a less restricted district to a more restricted district, no zoning certificate or building permit shall be issued and no application for a permit shall be accepted within 120 days from the date of the introduction of such zoning amendment legislation which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated Zoning Map or Code amendment.
In the event such legislation is not enacted within 120 days, the Building Commissioner is authorized to accept applications and issue permits regardless of the pendency of such legislation. (Ord. 22-76. Passed 5-11-76.)
Richmond Heights City Zoning Code
CHAPTER 1121
Administration
1121.01 TITLE.
This Code shall be known as the “Zoning Code for the City of Richmond Heights, Ohio”. (Ord. 72-72. Passed 8-31-72.)
1121.02 PURPOSE AND INTENT.
The purpose of this Zoning Code and the intent of the legislative authority in its adoption is to promote and protect the public health, safety, convenience, comfort, prosperity and the general welfare of the City by regulating the use of buildings, other structures and land for residences, public facilities, institutions, business and services; by regulating and restricting the bulk, height, design, percent of lot occupancy and location of buildings; by regulating and limiting population density; and, for the aforementioned purposes, to design districts of such number and dimensions to carry out the objectives of the Master Plan; and to provide procedures for the administration and amendment of this Code.
This Zoning Code is intended to achieve, among others, the following objectives:
(a) To protect the character and values of residential, institutional and public uses, business, commercial and industrial uses, and insure their orderly and beneficial development;
(b) To provide adequate open spaces for light, air and outdoor uses, and prevent excessive concentration of population;
(c) To regulate and control the location and spacing of buildings in relation to the site and the surrounding property;
(d) To regulate the intensity of uses in relation to streets, to reduce the interference with traffic movement so as to improve public safety;
(e) To guide the future development of the City in accordance with the objectives of the Master Plan; and
(f) To accomplish the specific intents and goals set forth in the introduction to the respective chapters of this Zoning Code. (Ord. 72-72. Passed 8-31-72.)
1121.03 RELATION TO OTHER LAWS.
The provisions of this Zoning Code shall supplement any and all laws of the State, ordinances of the Municipality or any and all rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of this Zoning Code.
The provisions of this Code shall not annul or in any way interfere with existing deed or plat restrictions, easements or other agreements between persons, codes, laws, rules, regulations or permits previously adopted or issued except those ordinances or sections thereof which are contrary to and in conflict with this Code.
Wherever this Code imposes greater restrictions upon the use of buildings or land, the height or bulk of buildings, or requires larger land or building areas, yards or other open spaces than are otherwise required or imposed by other deed or plat restrictions, codes, laws, ordinances, rules or regulations, this Zoning Code shall control; and conversely, other regulations shall control where they impose greater restrictions than this Code.
(Ord. 72-72. Passed 8-31-72.)
1121.04 INTERPRETATION.
In interpreting and applying the provisions of this Zoning Code, such provisions shall be held to be the minimum requirements for the promotion of public health, safety, convenience, comfort, prosperity and general welfare and shall be liberally construed to further the underlying purposes, objectives and intent set forth throughout this Zoning Code.
(Ord. 72-72. Passed 8-31-72.)
1121.05 ESSENTIAL SERVICES.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt essential services from the provisions of this Zoning Code. (Ord. 72-72. Passed 8-31-72.)
1121.06 ADMINISTRATIVE OFFICIALS; COMPLIANCE WITH CODE.
The administration of this Zoning Code is conferred upon the Director of Public Safety, the City Engineer, the Building Inspector, the Planning and Zoning Commission, the Zoning Board of Appeals, the City Landscape Architect and the Architectural Board of Review. Compliance with the provisions of this Code shall be obtained by:
(a) Applying for and the issuance of a building permit along with a zoning certificate; and if applicable, an appeal for interpretation of a provision of the Zoning Code or for a variance;
(b) Periodical inspection during construction;
(c) Issuance of a certificate of occupancy upon completion of the work;
(d) Enforcement after violations. (Ord. 72-72. Passed 8-31-72.)
1121.07 RETENTION OF JURISDICTION.
In all instances where a review and/or a finding by any City agency is required under the provisions of this Zoning Code, that agency shall retain jurisdiction over such review and/or finding and any variation from the review and/or finding shall require approval from that agency. (Ord. 72-72. Passed 8-31-72.)
1121.08 VALIDITY.
Should any chapter, section, clause or provision of this Zoning Code be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Code as a whole or part thereof other than the part so declared to be invalid.
(Ord. 72-72. Passed 8-31-72.)
1121.09 BUILDING PERMIT REQUIRED.
No building or structure shall be erected, added to or structurally altered until a permit therefor has been issued by the Commissioner of Building. No such building permit shall be issued for any building where such construction, addition or alteration or use thereof would be in violation of any of the provisions of this Zoning Code. Any permit issued in conflict with the provisions of this Zoning Code shall be null and void and of no effect whatsoever.
(Ord. 22-76. Passed 5-11-76.)
1121.10 VERIFICATION; LAPSE OF APPLICATION.
All applications for building permits shall be verified by at least one of the owners or lessees of the property for which the permit would apply attesting to the truth and correctness of all facts and information presented with the application and included in the application.
Any application which remains dormant by reason of failure of the applicant to pursue the issuance of a permit for a period of six months shall become null and void and, upon the expiration of such time, the Building Commissioner shall so notify the applicant and return the application and any plans, documents or papers filed to the applicant.
(Ord. 22-76. Passed 5-11-76.)
1121.11 ZONING CHANGE PENDING; BUILDING PERMIT.
Whenever legislation has been introduced in Council for a change or amendment of the Zoning Code or Map involving a change of zoning from a less restricted district to a more restricted district, no zoning certificate or building permit shall be issued and no application for a permit shall be accepted within 120 days from the date of the introduction of such zoning amendment legislation which would authorize the construction of a building or the establishment of a use which would become nonconforming under the contemplated Zoning Map or Code amendment.
In the event such legislation is not enacted within 120 days, the Building Commissioner is authorized to accept applications and issue permits regardless of the pendency of such legislation. (Ord. 22-76. Passed 5-11-76.)