Richmond Heights City Zoning Code
CHAPTER 1183
Conditional Zoning
1183.01 INTENT.
(a) It is the intent of this section to provide a flexible and adaptable zoning method through conditional zoning, whereby a zoning classification not otherwise provided for in the Zoning Code may be allowed subject to certain conditions, offered by the zoning applicant for the protection of the community, that are not generally applicable to land similarly zoned. Such conditions would restrict, not expand, the uses normally permitted by such zoning classification. No use which is prohibited in any zoning classification shall be permitted as conditional zoning.
(b) Conditional zoning may be applied in any district except residential districts.
(c) Conditional zoning is restricted to uses and projects not specifically authorized in any one zoning classification and shall not be used to permit in any zoning classification a use which is already specifically authorized in another zoning classification. For example, conditional zoning shall not be used to permit in a business use zoning classification any use which is specifically authorized in an industrial use zoning classification.
(d) Each application for conditional zoning shall be based upon the factual situation of the particular property and particular use for which the conditional zoning is applied. The granting of any specific application for any specific use shall not be deemed to be precedent or require the granting of conditional zoning for the same or a similar use for any other.
(Ord. 54-88. Passed 1-10-89.)
1183.02 CONDITIONS AS PART OF A REZONING.
In his conditional zoning request, an owner, prior to public hearings before the Municipal Planning Commission and Council, may agree, in writing, to accept reasonable conditions in addition to the regulations provided for the zoning district provided that:
(a) The rezoning itself must give rise to the conditions;
(b) Such conditions shall have a reasonable relation to the rezoning;
(c) Such conditions shall not include a cash contribution to the City;
(d) Such conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities;
(e) Such conditions shall not include payment for or construction of off-site improvements unless essential to the rezoned use;
(f) No condition shall be offered that is not related to the physical development or physical operation of the property; and
(g) All such conditions shall be in conformity with the Continuing Comprehensive Plan.
The initial written statement of the offered conditions, with any supporting materials shall be signed by the owner and made a part of the request for rezoning. The offered conditions shall be explained fully by the owner or his agent at the public hearings before the Planning Commission and Council. At the Planning Commission public hearing, the owner may revise or amend his written statement or may request that the application be continued to a specified future date to allow revision or amendment of his written statement or offered conditions. After the Planning Commission has formally taken action on the application and its offered conditions, the written statement of conditions shall not be further revised or amended without referral back to the Planning Commission for review and processing as a new request.
(Ord. 54-88. Passed 1-10-89.)
(Ord. 54-88. Passed 1-10-89.)
1183.03 ENFORCEMENT AND GUARANTEES.
(a) The Building Commissioner shall administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:
(1) The ordering in writing of the remedy of any noncompliance with such conditions;
(2) Recommendation for legal action to insure compliance with such conditions including injunction, abatement or other appropriate action or proceeding.
(b) Council shall require a guarantee in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by Council, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed. Failure to meet all conditions shall constitute cause to deny the issuance of an occupancy permit or a zoning certificate.
(c) In any case where the applicant fails to commence or continue construction in accordance with the timetable established in his application, Council may, at its option revoke the conditional zoning by appropriate legislation.
(Ord. 54-88. Passed 1-10-89.)
1183.04 RECORDS.
(a) The official zoning map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. A Conditional Zoning Index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone. The symbol on the zoning map to designate conditional zoning shall be an asterisk followed by a serial number, as * 1, *2, etc. These symbols, together with the number of the ordinance establishing each, shall also be compiled into a table which shall be shown on the zoning map.
(b) A separate file of these ordinances shall be kept by the Secretary of the Municipal Planning Commission.
(Ord. 54-88. Passed 1-10-89.)
(Ord. 54-88. Passed 1-10-89.)
1183.05 PROCEDURE.
(a) The applicant shall, in a letter addressed to the Municipal Planning Commission Chairman, describe the conditions to be incorporated in his rezoning application and the reasons and justification therefor. Four weeks should be allowed for review of the application prior to presentation at the Municipal Planning Commission meeting. The Municipal Planning Commission shall consider this a preliminary plan.
(b) The applicant shall submit to the Commission a preliminary plan of the entire project for which the zoning change is requested. The preliminary plan shall include preliminary study information to validate the following:
(1) Storm drainage area for storm sewer system;
(2) Sanitary system capacity;
(3) Water distribution system;
(4) Electric distribution system;
(5) Emergency ingress and egress arrangements;
(6) Street lighting system;
(7) Sidewalks.
(c) In addition to such preliminary plan, the applicant shall supply the following information:
(1) An expected starting date for the project, relative to the effective date of change in zoning;
(2) An expected completion date for the project;
(3) The approximate total cost of the project;
(4) The expected benefit to the community, e.g. jobs, housing units, recreational facilities, parks, schools, et al.
(5) The anticipated impact on the utilities of the Municipality including, but not limited to, the storm sewers, the sanitary sewers and plant and water and electrical usage;
(6) The anticipated impact on traffic with suggestions for the resolution of anticipated problems; and
(7) The expected environmental impact as to air, water, noise, flora and fauna.
(d) Next, the Commission, with the assistance of the City Engineer and the department heads, shall investigate and ascertain that the location, size and other characteristics of the site in the preliminary plan comply with the following conditions:
(1) That the proposed project is consistent with the existing growth and development pattern established in the community;
(2) That it will not adversely affect neighboring property;
(3) That the project is at a location where traffic congestion does not exist on the streets to be utilized and where objectionable congestion would probably not be created as a result of the project or, if traffic is already a problem at the proposed location, that the traffic situation be analyzed as completely as possible to assure that all reasonable means of minimizing congestion are considered. Turning lanes, one-way routes, limits during certain hours, additional routes, etc. may be indicated.
(4) That the plan of the project provides for integrated and harmonious design of buildings and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient.
(Ord. 54-88. Passed 1-10-89.)
1183.06 FINAL DEVELOPMENT PLAN.
(a) Upon determination by the Planning Commission that the proposed development project as shown by the preliminary plan thereof conforms to the requirements of all applicable provisions of this Zoning Code and the Subdivision Regulations, the proponent shall prepare and submit a final development plan which shall incorporate any changes or modifications required or suggested by the Commission.
(b) The final development plan in ordinance form, shall be submitted to Council where it will be read for the first time and referred to the Commission for formal consideration.
(Ord. 54-88. Passed 1-10-89.)
(Ord. 54-88. Passed 1-10-89.)
1183.07 RECOMMENDATION BY COMMISSION TO COUNCIL.
The Planning Commission shall, within sixty days of such reference by Council, after public hearing as required by the Municipal Charter, approve, disapprove or make suggestions concerning the proposed amendment or supplement, and shall submit such recommendation, together with the text and map pertaining thereto, to Council.
(Ord. 54-88. Passed 1-10-89.)
1183.08 PUBLIC HEARING BY COUNCIL.
Before any such proposed amendment or supplement may be passed, Council shall hold a public hearing thereon and shall give thirty days notice of the time and place thereof in a newspaper of general circulation in the Municipality.
(Ord. 54-88. Passed 1-10-89.)
1183.09 PUBLIC EXAMINATION OF DOCUMENTS.
During the thirty-day period following the publication of notice of public hearing, the text or a copy of the text of such amendment or supplement, together with the maps or plans or copies thereof forming part of or referred to in such amendment or supplement, and the maps, plans and reports submitted by the Planning Commission, shall be on file for public examination in the office of the Clerk of Council.
(Ord. 54-88. Passed 1-10-89. )
1183.10 VOTE BY COUNCIL.
Within twenty days after such public hearing, Council shall either adopt or deny the recommendations of the Planning Commission or adopt some modification thereof. No such amendment or supplement which violates, differs from or departs from the recommendation of the Commission shall take effect unless passed or approved by not less than five members of Council.
(Ord. 54-88. Passed 1-10-89.)
(Ord. 54-88. Passed 1-10-89.)
1183.11 MODIFICATION OF FINAL PLAN.
Minor modifications and adjustments or rearrangements of the plan may be authorized by the Planning Commission after approval and adoption by Council.
(Ord. 54-88. Passed 1-10-89.)
1183.12 EFFECTIVE DATE OF AMENDMENT OR SUPPLEMENT.
Amendments or supplements adopted by Council shall become effective under the provisions of the Municipal Charter.
(Ord. 54-88. Passed 1-10-89.)
1183.13 ZONING MAP AMENDMENTS.
When an amendment to this Zoning Code, changing the zoning of any area, becomes effective, it shall be the duty of the City Engineer to cause such change to be entered on the Zoning Map on file in the office of the Clerk of Council.
(Ord. 54-88. Passed 1-10-89.)
1183.14 APPEAL.
An applicant for conditional zoning aggrieved by a decision of the Building Commissioner pursuant to Section 1183.03, may petition Council to review such decision.
(Ord. 54-88. Passed 1-10-89.)