[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.
[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.
[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:
a.
Examine the plans, elevations, detailed drawings and specifications;
b.
Hear the applicant in reference thereto; and
c.
Receive and hear any other evidence that may be pertinent for
the purpose of the hearing.
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:
(2) Combination of materials.
(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.
(9) Size, quality and placement of doors and windows.
(10) Use of architectural design features to create
visual interest.
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.