(a) Establishment and Purpose. The Residential Design Review Board is hereby established. The purpose of the Board is to review and decide upon design waiver applications seeking relief from a site design guidelines or architectural design guidelines as set forth in this Chapter.
(1) Design waiver jurisdiction. The Board shall have design waiver jurisdiction over residential site design or architectural design standards applied to a single-family detached dwelling or lot located in a R1-A, R1-C, R2-F, RMF, SF, GB and O zoning district and certain residential fence standards as set forth in Section 1157.05
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(2) Board membership. The Board shall consist of three members and shall be appointed by the Mayor.
(3) Procedure. The Board shall meet as needed and may adopt rules and procedures required to carry out the functions of the Board with approval from City Council.
(b) Design Waiver Application Submittal Requirements. It is the intent of these regulations that an application for a waiver provides sufficient information to evaluate whether a design waiver should be granted. The information should be sufficiently detailed to enable the Board to understand the existing conditions and the related design waiver request for the proposed project or a portion thereof. The applicant shall submit an application and supplemental materials as provided by the office of the Building Commissioner.
(c) Design Waiver Standards of Review Criteria. The Board shall make its decision on an application for a proposed design waiver based on all of the following criteria:
(1) The need for the design waiver is caused by unique site conditions, the use of or conditions on the property or surrounding properties, or other circumstance outside the control of the owner/lessee, including easements and rights-of-way;
(2) The design waiver, if approved, will not negatively impact the context of the immediately surrounding neighborhood or broader area as a whole;
(3) The design waiver, if approved, will generally meet the spirit and intent of this Zoning Code, the Middleburg Heights Master Plan and other adopted City plans and policies.
(4) The design waiver is not being requested solely to reduce applicant’s cost or as a matter of general convenience;
(5) The design waiver, if approved, will ensure that the design waiver request is of equal or greater quality with respect to overall design, material, and other similar development and construction features than without the waiver;
(6) The requested design waiver is better addressed through this waiver process rather than a zoning text amendment to the requirements of this chapter; and
(7) The design waiver does not have the effect of authorizing any use that is not otherwise permitted in the applicable zoning district.
(d) Board Decision.
(1) The Board shall approve, approve with conditions, or deny the design waiver request. A written record of the Board decision will be provided.
(2) A Board decision may be appealed by a party with standing to the Board of Zoning Appeals as an administrative appeal.
(Ord. 2022-24.Passed 5-24-22; Ord. 2023-6. Passed 6-27-23.)