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Planning and Zoning
216-291-4878
The department's planning and zoning functions are related to the use of land in the city. The planning function is oriented to the development of policies that will result in development and redevelopment patterns that will be the most beneficial to the current and future residents of Cleveland Heights. The zoning function is oriented to the standards and regulations that are put in place to support those policies. Long-range planning and day-to-day enforcement activities may at first seem to have little do with each other, but in fact they are mutually dependent.
Zoning and the enforcement of land-use regulations
Zoning and the enforcement of land-use regulations includes providing staff services to the Board of Zoning Appeals (BZA), the Planning Commission, and the Board of Control, and assisting citizens in their dealings with these appointed bodies. Additionally, department staff handle requests for permits for a variety of items, including fences and home day care operations.
The BZA handles requests for variances and hears appeals of decisions made by certain city officials. The Planning Commission grants conditional use permits and resubdivision approvals, and makes recommendations to City Council on various topics including amendments to the zoning map or zoning code and on general planning-related issues. The Board of Control is charged with overseeing development in S-1 mixed-use zoning districts (currently, the only S-1 district in the city is centered around Severance Town Center).
Variances
Variances are required when a property owner would like to use their property in a manner not fully consistent with the regulations set out in the zoning code. There are two kinds of variances, variances from standards, or standard variances, and use variances.
Requests for standard variances are what the BZA deals with most frequently. A standard variance is needed when a property owner cannot, due to unusual or unique circumstances on their property, satisfy the standards of the zoning code in terms of height, area, or distance. Before granting a standard variance, the board must find that not granting one would result in a 'practical difficulty' for the property owner. In order to determine whether a practical difficulty exists, the Board must consider specific factors that are set out in the zoning code. To this end, a property owner requesting a variance must, as part of the application process, prepare a written statement of practical difficulty. Guidance on the preparation of the statement is found in the Standard Variance Application.
Use variances are required when a property owner seeks to use their property for an activity that is not permitted by the zoning code. Requests for use variances are far less common than requests for standard variances, partly because they are more difficult to justify. Before granting a use variance, the BZA must establish that not granting the variance would result in an 'unnecessary hardship' for the property owner. The requirements for establishing that an unnecessary hardship exists are explicitly set out in the zoning code and can be found in the Use Variance Application.
Conditional use permits
The Planning Commission is responsible for granting approval for most 'conditionally permitted uses' in the city. The zoning code permits some uses 'by right,' which means that no special approval is needed. Conditionally permitted uses require advance review and may be governed by additional requirements because they are more likely to impact neighboring properties or increase demands on public services.
The zoning code sets out specific standards that apply to various conditionally permitted uses, but also sets standards that are expected to be met by all conditional uses. More information is contained in the Conditional Use Permit Application.
Resubdivision approvals
The Planning Commission must approve all changes in the boundaries, or resubdivisions, of parcels within the city. The process is somewhat time-consuming, though not complicated, and the steps are set out in the Resubdivision Approval Application.
Fence permits
A permit is required for any fence erected or installed in Cleveland Heights. Fence permits are granted by the Zoning Inspector. The City cannot determine the location of your property line. If there is a question about its location, property owner is responsible for obtaining a survey. Please contact the inspector at 216-291-4819 or download the Fence Regulations/Application, for additional information.
Home day-care permits
All home day care operations in the city are also required to obtain a permit, which is renewable annually. For more information, please contact the Zoning Administrative Assistant at 216-291-4863. Download a pdf of the Home Day Care Application.
Outdoor dining permits
In 2002, Planning staff made it simpler to obtain approval of outdoor dining for 25 or fewer seats. Restaurants have benefited from these changes and enlivened our commercial districts with activity. For more information, please call 216-291-4845 or email nmclaughlin@clvhts.com.
Staff services to boards and commissions
The Planning and Development Department provides staff services to the Board of Control, the Board of Zoning Appeals, and the Planning Commission. Services include assisting applicants for variances, conditional use permits, or other kinds of approvals, from their first contact with the department through to the resolution of the process. Applicants' proposals are reviewed in detail, and well-researched information is presented to the board members or commissioners before the proposal is discussed in a public meeting. Follow-up services, once the board or commission has made a decision in an applicant's case, are also carried out by department staff.
Land-use strategies
An important role of the Planning and Development Department is to study different scenarios regarding planned or possible uses of land in Cleveland Heights. This department also updates the zoning code, which governs all land uses in Cleveland Heights. Goals of the zoning code reform process are to:
- Match the Code more accurately to the true physical nature of Cleveland Heights, which, for the most part, is a streetcar-era mixture of urban and early suburban land uses, rather than a postwar suburban community. For example, businesses locating in the three most prominent of our commercial districts are no longer required to provide their own parking. The goal is for parking in these areas to be provided in shared facilities that are not disruptive to the street. Code changes that would allow in-fill development in the traditional districts to be similar to existing buildings in terms of density are being considered.
- Reduce the need for certain kinds of variances, particularly the kinds of variances that are frequently requested from the BZA. An example of this would be proposed changes to the fence regulations, which would make it easier for corner-lot owners to provide some privacy and security for their yards, while at the same time precluding a barricaded look.
- Make changes to recognize changing preferences and strategies related to the city's built environment. Here an example would be the changes that make it easy for a business to have a creative projecting sign.
- Assure an adequate amount of review on projects that have the potential to be controversial or which could otherwise have negative impacts on neighboring properties. An example of this would be to require Planning Commission review of all major residential developments proposed for the city.
Transportation-related activities
In recognition of the impact of transportation on the shaping of and the economic health of communities, the Planning Department represents the City in many transportation-related venues.
NOACA involvement
The planning director stands in for the city manager on the Northeast Ohio Areawide Coordinating Agency's (NOACA's) Transportation Advisory Committee (TAC). NOACA is the federally mandated metropolitan planning organization for greater Cleveland, a body that governs use of much of the federal transportation funding that comes into the region, and the TAC is NOACA's primary working council. The department is also represented on NOACA's bicycle advisory council (BAC). The BAC reviews all NOACA road-improvement projects and makes recommendations for an appropriate level of bicycle access in the project's design. Additionally, over the past few years, the BAC has put together bicycle maps for all the NOACA-region counties and drafted new standards that enhance its ability to advocate for bicycle access. The City Manager and the Planning Director, with City Council’s support, are working with residents to increase the community’s bicycle friendliness. In 2010, The League of American Bicyclists listed the City as an ‘’Honorable Mention’’ in its ‘’Bicycle Friendly community’’ program. A link to safer bicycle riding can be found at http://bicyclesafe.com.
Other transportation-related activities
Department staff recognize the significance of making the most of our roadway-improvement projects and their effect on the future of Cleveland Heights. The department's role in planning for the rebuilding of Severance Circle is a case in point. The new circle is much more bicycle-, busrider-, and pedestrian-friendly than the original, which had been with us for 40 years. The dedicated left-turn lane, traffic lights and redesigned intersections also made the circle more accommodating to people who come and go from Severance in automobiles.
Information services
Department staff are able to provide several kinds of information to citizens and others who are interested in Cleveland Heights. The Department of Planning and Development is the best source of summarized demographic information on the city.
Demographic information
The Department of Planning and Development is a good source of summarized demographic information related to Cleveland Heights. Information drawn from the last four censuses is readily available, and information customized to specific needs can be assembled with a few days' advance notice.
For a city-wide demographic profile (2002 and 1990) in pdf format, click here.
For demographic information on specific census tracts, contact planning@clvhts.com.
Geographic Information System (GIS)
The City (with participation from the Planning and Development Department) has built a GIS system which links databases to maps for organizing information and making presentations. The City’s up-to-date zoning Map, with most recent revisions made in November 2005, is available by clicking here.
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