Organization.
(a) The Planning Commission shall consist of five (5) electors of the Municipality of Richmond Heights, who shall be appointed by the Mayor and approved by a majority of Council;
none shall hold other employment by the Municipality but may hold other non-elective public office or position on a board, commission, or committee of the Municipality, unless prohibited by the provisions of this Charter. (Amended 11-8-22)
(b) The Commission shall elect its Chairperson from among its appointed members.
(c) The members' term shall be for five (5) years, except that of the five (5) members first appointed, one (1) shall be for five (5) years, two (2) for four (4) years, and two (2) for two (2) years.
(Amended 11-6-18)
(d) Any vacancy occurring during the unexpired term of any appointive member shall be filled, as originally provided, for the remainder of the term.
Commission Duties and Requirements.
(a) Make, amend, extend and add to the master plan for the physical development of the Municipality.
(b) Exercise control over platting or subdividing land within the Municipality.
(c) Draft for the Council an official map of the Municipality and recommend or disapprove proposed changes in such map.
(d) Make or adopt a Zoning Plan and recommend or disapprove proposed changes to such plan.
(e) Submit annually to the Mayor and Council, not less than ninety (90) days prior to the beginning of the budget year, a list of recommended changes or capital improvements which in the opinion of the Commission are necessary or desirable to be constructed during the forthcoming six (6) year period. Such a list shall be arranged in order of preference, with recommendations as to which projects shall be constructed in which year.
(f) Make and adopt plans for the clearing and rebuilding of blighted areas within the Municipality.
(g) Promote public interest in and understanding of the master plan and of planning and zoning. (Effective 1-1-60)
(h) The Planning Commission shall hold at least one regular meeting in each calendar month, unless there are no applications or other matters pending before the Commission. Special meetings shall be held at the call of the Chairperson when deemed necessary, subject to such provisions as provided by the rules of the Commission. Except for the reasons for executive sessions as provided by the laws of the State of Ohio, all meetings of the Commission, regular and special, shall be open to the public and shall be held in the Richmond Heights City Hall.
(Amended 11-3-09)
(i) Keep a public record of its resolutions, findings and determinations.
The Commission Powers.
(a) Request information and require same to be furnished within a reasonable length of time from the other departments of the municipal government in relation to its work.
(b) Within its budget appropriation, contract with appropriate consultants for such services as it may require.
(c) Request assistance from the Mayor, who may at the Mayor's discretion assign to the Commission, members of the staff of any administrative department or direct such department to make special studies requested by the Commission.
(Amended 11-6-18)
(d) In the performance of its functions enter any land and make examinations and surveys and place and maintain necessary monuments and marks thereon.
(e) Make and adopt a plan for the replanning, reconstruction or redevelopment of any area or district within the Municipality which may have been destroyed in whole or part or seriously damaged by fire, earthquake, flood or any other disaster.
Council Obligations.
(a) In the manner hereinafter provided with respect to the amendment, repeal or adoption of the Zoning Ordinance, and with such additional requirements thereto as Council may deem advisable by ordinance to provide, the Council shall by ordinance establish districting or zoning within the Municipality so as to promote the public health, safety, convenience, comfort, morals, prosperity and general welfare, including the promotion of home ownership, the protection of residential sections, the prevention of congestion, the increasing of trade and industrial efficiency, the conservation of property values, the assurance of adequate light and air, and the limitation, control and regulation of buildings in the Municipality in accordance with a well established plan of use, height, size and area for all property and its development in the Municipality of Richmond Heights. Such districting or zoning shall include provisions to regulate, restrict and specify the locations of commercial and industrial buildings, trades, industries, shopping centers, churches, hospitals, medical centers, motels, apartment houses, dwellings and other use of property, including parks, playgrounds and other public recreational facilities; to specify the number of square feet of lot area per family, the size and area of new buildings or parts thereof, the location and size of side, front and rear yards, and the height and pitch on new buildings; to establish the division of the Municipality into use, height, and area districts, including requirements for the alignment or setback of buildings and other structures; and the preparation of maps showing said districts and structure alignment or setback.
(b) Nothing herein shall be construed to limit the Council in the exercise of all the powers to zone or redistrict now or hereafter authorized by the Statutes of the State of Ohio. The plan or plans providing for the control, limitations and regulations of building lines or setback building lines may be incorporated in a separate ordinance as part of the Zoning Plan and subject to all of the Board of Zoning Appeal provisions of this Charter.
Mandatory Referral.
No public building, street, boulevard, parkway, park, playground, bridge, tunnel, publicly or privately owned utility or part thereof shall be constructed or authorized to be constructed in the Municipality, nor shall any street, avenue, parkway, boulevard or alley be opened for any purpose whatsoever, nor shall any street, avenue, parkway, boulevard or alley be widened, narrowed, relocated, vacated or its use changed, or any ordinance referring to zoning or other regulations controlling the use or development of land, be adopted unless and until it shall have been submitted to the Planning Commission for report and recommendation. Any matter so referred to the Planning Commission shall be acted upon by it within sixty (60) days from the date of referral unless a different period of time be provided by Council. If the Planning Commission shall fail to act within the time allotted, it shall be deemed to have approved such matter. Any resolution, ordinance or order disapproved by formal action of the Planning Commission shall require a majority vote of all the members of the Council for adoption or authorization.
Funds.
A sufficient sum shall be appropriated by the Council each year to carry out the planning and zoning provisions of this Charter. Secretarial services shall be paid from this appropriation.
Restrictions on Rezoning.
Notwithstanding any other provisions in the Charter or Ordinances of the Municipality, no legislation, as adopted by Council, shall become finally effective that would allow, permit or effect a change of zoning classification from an existing R-1, R-2 or R-3 Single Family Residential zoning classification or use to any other zoning classification or use until the same has been approved by the electorate of the Municipality in the manner hereinafter set forth.
Any such legislation shall be placed before the electorate at the next regular or primary election occurring not less than 60 nor more than 120 days following the adoption of the legislation by Council or, in the event there is no election scheduled to be held within such time, at a special election to be called by Council at the request of the proponent of the rezoning.
In the event the proponent of any rezoning request desires the question to be put at an election other than a regularly scheduled general election or primary election, the proponent shall indicate such desire in writing and post a sum of money sufficient to cover the cost of such special election with the Finance Director of the City prior to the Council enacting legislation calling for such special election.
Approval of the legislation shall require a majority favorable vote of all votes cast by qualified electors voting upon such issue.
No such legislation shall contain more than one subject clearly expressed in the title and a copy shall be open to public inspection at City Hall during regular business hours.
The public shall be notified of the election by advertisement in a newspaper of general circulation in the Municipality once a week for two consecutive weeks the last of which shall be published not less than thirty days prior to the date of the election.
Upon failure to receive voter approval, the proposed change shall not be again presented for a period of one year from the date of the election.
(Added 11-3-81)