Alliance City Zoning Code
CHAPTER 1180
Procedures
1180.01 PURPOSE.
It is the purpose of this Chapter to provide procedures and related standards for the review and regulation of minor and major subdivisions, site plans, conditional uses, variances, appeals, amendments, permits, certificates, fees, violations, penalties, and records within the City.
1180.02 MINOR SUBDIVISION REVIEW PROCEDURES.
(a) Minor Subdivision Review Required. Whoever subdivides land, as defined in this Ordinance, whether by instrument of conveyance or otherwise, for which no plat is required by reason of Sec. 711.001 and 711.131 of the Revised Code, shall submit such subdivision, together with a sketch identifying such subdivision, to the Commission for review and approval. The Commission may delegate its authority under this section to the Administrative Official or staff.
(b) Submission of Minor Subdivision for Review by Commission. In order to initiate formal review by the Commission, the applicant is required to submit the following materials to the Administrative Official:
(i) One completed and signed copy of an application for Commission Review;
(ii) 20 individually folded copies of the minor subdivision plan;
(iii) Completed and signed checklist;
(iv) One 8-1/2 by 11 inch size, or 11 by 17 inch size, reduced copy of the minor subdivision plan;
(v) Evidence that the plan has been submitted for review to affected and applicable county, state, and federal agencies; and
(vi) The required review fee.
These materials must be submitted to the Administrative Official in sufficient time to allow review by City staff and consultants prior to the Commission meeting at which the review will occur, if any. The plans and required documentation must be submitted to the City on the 20th day of the month prior to the next regularly scheduled meeting for consideration for review by the Commission. The Administrative Official has the authority to determine what is “sufficient time”, based on the scope and complexity of the proposal.
(c) Distribution of Plans. Upon submission of all required application materials and following completion of all items required by the adopted minor subdivision review manual, the proposed minor subdivision shall be placed on the next open Commission agenda. The minor subdivision and application shall be distributed by the Administrative Official to appropriate City officials and the City Engineer and City Planner for review.
(d) Review and Action.
(i) Informal Review of Conceptual Plans by City Staff. Applicants are encouraged to meet with the City Staff, including but not limited to the Planning and Development Director, City Engineer, City Planner, and such other persons as determined by the Administrative Official, for informal review of conceptual minor subdivisions. The purpose of this informal review is to discuss applicable standards and technical issues, comment on the project’s compliance with the standards of this Ordinance, and determine the appropriate type of review process. The applicant or City Engineer or City Planner may also request input from other City staff or consultants. Conceptual plans should, at minimum, include the proposed lots, blocks, existing conditions, existing streets, general site layout, and conceptual grading. Conceptual minor subdivision review comments are non-binding, and should be considered by the applicant to be suggestions and recommendations only. A review fee may be required for conceptual minor subdivision review, as determined by City.
(ii) Informal Review by the Commission. The Commission may request an informal workshop and formal regular or special meetings on a proposed project. The meeting at which a minor subdivision proposal is considered shall be a workshop meeting of the Commission. The Commission shall review the reports of the appropriate City staff and consultants and discuss the findings and recommendations with the applicant. No formal action on a minor subdivision will occur at the workshop meeting.
(iii) Request for Revisions. Upon review of the minor subdivision proposal at a workshop, the Commission may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested revised plans for review prior to formal action being taken. All review fees must be paid prior to any review. It shall be the applicant’s responsibility to consult with City staff and consultants during this revision process. Action on the minor subdivision shall remain tabled until the next regular Commission meeting following review of a substantially complete plan at a Commission workshop.
(iv) Public Hearing. A minor subdivision involving use(s) subject to conditional use approval, planned residential development, or planned unit developments, shall require a public hearing. After payment of appropriate fees, the Administrative Official may set the date of the public hearing for a regular or special meeting of the Commission. No hearing may held before the Commission has had an opportunity to review the plan at a workshop session.
(v) Final Action. The Commission shall review the minor subdivision, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Commission shall then make a determination based on the requirements and standards of this Ordinance. The Commission is authorized to table, approve, approve subject to conditions or deny the minor subdivision as follows:
(1) Table. Upon determination by the Commission that a minor subdivision is not sufficiently complete for approval or denial, or upon a request by the applicant, the Commission may table the item until a later meeting.
(2) Denial. Upon determination that a minor subdivision does not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the minor subdivision shall be denied. If a minor subdivision is denied, a written record shall be provided to the applicant listing the reasons for such denial. Failure of the applicant or the applicant’s designated representative, to attend two or more scheduled meetings shall be grounds for the Commission to deny approval of the minor subdivision.
(3) Approval. Upon determination that a minor subdivision is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the minor subdivision shall be approved.
(4) Approval subject to conditions. The Commission may approve a minor subdivision, subject to one or more conditions necessary to address minor modifications to the minor subdivision, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance.
The Commission may require that the applicant re-submit the minor subdivision for final approval by the Commission after conditions have been met. The Commission may waive its right to review the revised plan, and delegate authority to the Administrative Official or staff to review and approve a revised minor subdivision on the Commission’s behalf after required conditions have been addressed. The Commission may require that the Administrative Official secure a favorable recommendation from the City Planner and/or City Engineer prior to final approval of the revised plan.
(e) Recording of Minor Subdivision Action. Commission action on the minor subdivision shall be recorded in the Commission meeting minutes, stating the name and location of the project, the proposed use, the most recent plan revision date, and the conditions or grounds for the Commission’s action.
(f) Procedure after Minor Subdivision Approval.
(i) Approval Expiration. Minor subdivision approval becomes null and void if a minor subdivision has not been recorded within 180 days following the final approval of the minor subdivision by the Commission. In such a case, the applicant shall file a new application. Review by the Commission of the new application and minor subdivision shall be required.
(ii) Approval Extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the Commission may review the circumstances surrounding a failure to meet the required deadlines. The Commission may grant an extension of up to 6 months to an approval, if it finds that the approved minor subdivision continues to adequately represent current conditions on and surrounding the site and that the minor subdivision conforms to the standards of this Ordinance in effect at the time of the applicant’s request for an extension.
(iii) Outside Agency Permits or Approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies.
(iv) Revocation. An approved minor subdivision may be revoked by the Commission if construction on the site is not completed or is not progressing in a manner consistent with the approved minor subdivision. In such a case, the minor subdivision shall be placed on the agenda of a Commission meeting for a public hearing. The Administrative Official shall cause written notice to be provided to the applicant at least 10 days prior to the meeting and shall publish notice of said hearing no later than five days prior to the date and time. The notice shall reduce all alleged inconsistencies and violations to writing. The Administrative Official, the applicant, and other interested persons shall be allowed to present information and testimony to the Commission at the hearing. If the Commission finds that an inconsistency or violation of the approved minor subdivision exists at the time of the hearing, then, by a majority vote of attending members, the Commission may revoke the approval of the minor subdivision and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of this Ordinance and shall be subject to the penalties stated herein.
1180.03 MINOR SUBDIVISION APPLICATION AND REVIEW REQUIREMENTS.
The following information shall be included with all applications for minor subdivision review under this Ordinance, except where the Commission determines that certain information is not necessary or applicable to the review:
(a) Application Form. The application form shall be completed by the applicant and contain, at minimum, the following information:
(i) Applicant’s name and address.
(ii) Name and address of property owner, if different from applicant.
(iii) Common description of property and complete legal description.
(iv) Dimensions of land and total acreage.
(v) Existing zoning.
(b) Minor Subdivision Descriptive and Identification Data. Minor subdivisions shall consist of an overall plan for the entire development, drawn to a scale of not less than one inch equals 50 feet for property less than three acres, and one inch equals 100 feet for property three acres or more in size. Sheet size shall be as necessary to represent the minor subdivision. The following descriptive and identification information shall be included on all minor subdivisions:
(i) Applicant’s name, address, and telephone number.
(ii) Title block indicating the name of the development.
(iii) Scale.
(iv) Northpoint.
(v) Dates of submission and revisions (month, day, year).
(vi) Location map drawn to scale with northpoint.
(vii) Legal and common description of property.
(viii) The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding.
(ix) Identification and seal of engineer or surveyor who prepared plan. The seal of a surveyor may be accepted if the minor subdivision involves no engineering.
(x) Written description of proposed land use.
(xi) Zoning classification of petitioner’s parcel and all abutting parcels.
(xii) Proximity to section corner and major thoroughfares.
(xiii) Notation of any variances which have or must be secured.
(xiv) Net acreage (minus rights-of-way) and total acreage, to the nearest 1/10 acre.
(c) Site Data.
(i) Existing lot lines, building lines, structures, parking areas, and other improvements on the site and within 100 feet of the site.
(ii) Front, side, and rear setback dimensions.
(iii) Topography on the site and within 100 feet of the site at two foot contour intervals, referenced to the City mapping system.
(iv) Proposed minor subdivision features, including building locations, and parking areas, if any.
(v) Dimensions and centerlines of existing and proposed roads and road rights- of-way.
(vi) Proposed location of driveway entrances and on-site driveways.
(vii) Location of existing drainage courses, floodplains, lakes and streams, with elevations.
(viii) Location of existing and proposed interior sidewalks and sidewalks in the right-of-way.
(ix) Exterior lighting locations and method of shielding lights from shining off the site.
(x) Trash receptacles locations and method of screening, if applicable.
(xi) Transformer pad location and method of screening, if applicable.
(xii) Layout of off-street parking areas and indication of total number of spaces and typical dimensions of spaces, if applicable.
(xiii) Method of surfacing driveways, parking areas, and other vehicle maneuvering areas.
(xiv) Information needed to calculate required parking in accordance with Zoning Ordinance standards, if applicable.
(xv) The location of lawns and landscaped areas, including required landscaped greenbelts.
(xvi) Cross-section of proposed berms.
(xvii) Location and description of all easements for public rights-of-way, utilities, access, shared access, and drainage.
(xviii) Designation of fire lanes.
(xix) Loading/unloading area.
(xx) The location of any outdoor storage of materials and the manner by which it will be screened.
(d) Information Concerning Utilities, Drainage, and Related Issues.
(i) Schematic layout of existing and proposed sanitary sewers and septic systems; water mains, well sites, and water service leads; hydrants that would be used by public safety personnel to serve the site; storm sewers and drainage facilities, including the location of retention/detention facilities; and, the location of gas, electric, and telephone lines.
(ii) Indication of site grading and drainage patterns.
(iii) Types of soils and location of floodplains and wetlands, if applicable.
(iv) Soil erosion and sedimentation control measures.
(v) Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways, and parking lots.
(vi) Assessment of potential impacts from the use, processing, or movement of hazardous materials or chemicals, if applicable.
(e) Non-Applicable Items. If any of the items listed are not applicable to a particular site, the minor subdivision shall provide a list of each item considered not applicable, and the reason(s) why each listed item is not considered applicable.
(f) Other Required Data. Other data may be required if deemed necessary by administrative officials or the Commission to determine compliance with the provisions in this Ordinance. Such information may include traffic studies, market analysis, environmental assessments, condominium documents, and evaluation of the demand on public facilities and services.
1180.04 MINOR SUBDIVISIONS APPROVAL STANDARDS.
The following criteria shall be used as a basis upon which minor subdivisions will be reviewed and approved, approved with conditions, or denied:
(a) Adequacy of Information and Compliance with Ordinance Requirements. The minor subdivision includes all required information in a complete and understandable form that provides an accurate description of the proposed uses, layout, and site improvements. The minor subdivision complies with all applicable Ordinance requirements, including but not limited to lot size, yard space and density.
(b) Site Design Characteristics. All elements of the site design are harmoniously and efficiently organized in relation to topography, parcel configuration, adjacent properties, traffic operations, adjacent streets and driveways, pedestrian access, and the type and size of buildings. The site is designed in a manner that promotes the normal and orderly development of surrounding property for uses permitted by this Ordinance.
(c) Site Appearance and Coordination. Site elements are designed and located so that the proposed development is aesthetically pleasing and harmonious with adjacent existing or future developments. All site features, including vehicle and pedestrian circulation, building orientation, landscaping, lighting, utilities, recreation facilities, and open space are harmonious and coordinated with adjacent properties.
(d) Preservation of Site Features. The site design preserves and conserves natural, cultural, historical and architectural site features, including but not limited to architecturally or historically significant buildings, archeological sites, wetlands, topography, tree-rows and hedgerows, wooded areas and significant individual trees.
(e) Pedestrian Access and Circulation. The arrangement of public or common ways for pedestrian circulation connects to existing or planned sidewalks or bicycle pathways in the area, and is insulated as completely as possible from the vehicular circulation system. The site design complies with applicable federal, state, and local laws and regulations regarding barrier-free access.
(f) Vehicular Access and Circulation. Drives, streets, parking, site access and other vehicle-related elements are designed to minimize traffic conflicts on adjacent streets and promote safe and efficient traffic circulation within the site.
(g) Landscaping and Screening. Landscaping and screening are provided in a manner that adequately buffers adjacent land uses and screens off-street parking, mechanical appurtenances, loading and unloading areas and storage areas from adjacent residential areas and public rights-of-way.
(h) Exterior Lighting. All exterior lighting fixtures are designed, arranged and shielded to minimize glare and light trespass, prevent night blindness and vision impairments, and maximize security.
(i) Impact upon Public Services. The impact upon public services will not exceed the existing or planned capacity of such services, and adequate public services (including but not limited to utilities (water, sanitary & storm sewers, county drains, natural gas, electricity and telephone), streets, police and fire protection, public schools and sidewalks/bicycle paths) are available or provided to the site, and are designed with sufficient capacity and durability to properly serve the development.
(j) Drainage and Soil Erosion. Drainage systems, stormwater facilities, and soil erosion, sedimentation and dust control measures are arranged, located and designed to promote shared-use of common facilities by adjoining properties. Adjoining properties, public rights-of-way and the capacity of the public storm drainage system will not be adversely affected by stormwater runoff and sedimentation.
(k) Emergency Access and Vulnerability to Hazards. All sites and buildings are designed to allow convenient and direct emergency access, and the level of vulnerability to injury or loss from incidents involving hazardous materials or processes will not exceed the City’s emergency response capabilities.
1180.05 MAJOR SUBDIVISION PRELIMINARY PLAT REVIEW PROCEDURES.
(a) Major Subdivision Preliminary Plat Review Required. Whoever subdivides land, as defined in this Ordinance, whether by instrument of conveyance or otherwise, shall submit a preliminary plat to the Commission. After review the Commission may approve, conditionally approve or disapprove the preliminary plat.
(b) Submission of Major Subdivision Preliminary Plat for Review by Commission. In order to initiate formal review by the Commission, the applicant is required to submit the following materials to the Administrative Official:
(i) One completed and signed copy of an application for Commission Review;
(ii) 20 individually folded copies of the major subdivision preliminary plat;
(iii) Completed and signed checklist;
(iv) One 8-1/2 by 11 inch size, or 11 by 17 inch size, reduced copy of the major subdivision preliminary plat;
(v) Evidence that the plan has been submitted for review to affected and applicable county, state, and federal agencies; and
(vi) The required review fee.
These materials must be submitted to the Administrative Official in sufficient time to allow review by City staff and consultants prior to the Commission meeting at which the review will occur. The plans and required documentation must be submitted to the City on the 20th day of the month prior to the next regularly scheduled meeting for consideration for review by the Commission. The Administrative Official has the authority to determine what is “sufficient time”, based on the scope and complexity of the proposal.
(c) Distribution of Plans. Upon submission of all required application materials and following completion of all items required herein, the proposed major subdivision preliminary plat shall be placed on the next open Commission agenda. The major subdivision preliminary plat and application shall be distributed by the Administrative Official to appropriate City officials and the City Engineer and City Planner for review.
(d) Review and Action.
(i) Informal Review of Conceptual Plans by City Staff. Applicants are encouraged to meet with the City Staff, including but not limited to the Planning and Development Director, City Engineer, City Planner, and such other persons as determined by the Administrative Official, for informal review of conceptual major subdivision preliminary plats. The purpose of this informal review is to discuss applicable standards and technical issues, comment on the project’s compliance with the standards of this Ordinance, and determine the appropriate type of review process. The applicant or City Engineer or City Planner may also request input from other City staff or consultants. Conceptual plans should, at minimum, include the proposed streets, lots, blocks, existing conditions, general site layout and conceptual grading. Conceptual major subdivision preliminary plat review comments are non-binding, and should be considered by the applicant to be suggestions and recommendations only. A review fee may be required for conceptual major subdivision preliminary plat review, as determined by City.
(ii) Informal Review by the Commission. The Commission may request an informal workshop and formal regular or special meetings on a proposed project. The meeting at which a major subdivision preliminary plat proposal is considered shall be a workshop meeting of the Commission. The Commission shall review the reports of the appropriate City staff and consultants and discuss the findings and recommendations with the applicant. No formal action on a major subdivision preliminary plat will occur at the workshop meeting.
(iii) Request for Revisions. Upon review of the major subdivision preliminary plat proposal at a workshop, the Commission may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested revised plans for review prior to formal action being taken. All review fees must be paid prior to any review. It shall be the applicant’s responsibility to consult with City staff and consultants during this revision process. Action on the major subdivision preliminary plat shall remain tabled until the next regular Commission meeting following review of a substantially complete plan at a Commission workshop.
(iv) Public Hearing. A major subdivision preliminary plat involving use(s) subject to conditional use approval, planned residential development, or planned unit developments, shall require a public hearing. After payment of appropriate fees, the Administrative Official may set the date of the public hearing for a regular or special meeting of the Commission. No hearing may held before the Commission has had an opportunity to review the plan at a workshop session.
(v) Final Action. The Commission shall review the major subdivision preliminary plat, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Commission shall then make a determination based on the requirements and standards of this Ordinance. The Commission is authorized to table, approve, approve subject to conditions or deny the major subdivision preliminary plat as follows:
(1) Table. Upon determination by the Commission that a major subdivision preliminary plat is not sufficiently complete for approval or denial, or upon a request by the applicant, the Commission may table the item until a later meeting.
(2) Denial. Upon determination that a major subdivision preliminary plat does not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the major subdivision preliminary plat shall be denied. If a major subdivision preliminary plat is denied, a written record shall be provided to the applicant listing the reasons for such denial. Failure of the applicant, or the applicant’s designated representative, to attend two or more scheduled meetings shall be grounds for the Commission to deny approval of the major subdivision preliminary plat.
(3) Approval. Upon determination that a major subdivision preliminary plat is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the major subdivision preliminary plat shall be approved.
(4) Approval subject to conditions. The Commission may approve a major subdivision preliminary plat, subject to one or more conditions necessary to address minor modifications to the major subdivision preliminary plat, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance.
The Commission may require that the applicant re-submit the major subdivision preliminary plat for final approval by the Commission after conditions have been met. The Commission may waive its right to review the revised plan, and delegate authority to the Administrative Official or staff to review and approve a revised major subdivision preliminary plat on the Commission’s behalf after required conditions have been addressed. The Commission may require that the Administrative Official secure a favorable recommendation from the City Planner and/or City Engineer prior to final approval of the revised plan.
(e) Recording of Major Subdivision Preliminary Plat Action. Commission action on the major subdivision preliminary plat shall be recorded in the Commission meeting minutes, stating the name and location of the project, the proposed use, the most recent plan revision date, and the conditions or grounds for the Commission’s action.
(f) Procedure after Major Subdivision Preliminary Plat Approval.
(i) Approval Expiration. Major subdivision preliminary plat approval becomes null and void if a major subdivision final plat has not been submitted within 24 months following the final approval of the major subdivision preliminary plat by the Commission, or if construction has not been completed within 12 months after it commenced following the approval of major subdivision improvement plans by the City Engineer. In such a case, the applicant shall file a new application. Review by the Commission of the new application and major subdivision preliminary plat shall be required.
(ii) Approval Extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the Commission may review the circumstances surrounding a failure to meet the required deadlines. The Commission may grant an extension of up to 12 months to an approval, if it finds that the approved major subdivision preliminary plat continues to adequately represent current conditions on and surrounding the site and that the major subdivision preliminary plat conforms to the standards of this Ordinance in effect at the time of the applicant’s request for an extension.
(iii) Outside Agency Permits or Approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies.
(iv) Revocation. An approved major subdivision preliminary plat may be revoked by the Commission if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. In such a case, the major subdivision preliminary plat shall be placed on the agenda of a Commission meeting for a public hearing. The Administrative Official shall cause written notice to be provided to the applicant at least 10 days prior to the meeting and shall publish notice of said hearing no later than five days prior to the date and time. The notice shall reduce all alleged inconsistencies and violations to writing. The Administrative Official, the applicant, and other interested persons shall be allowed to present information and testimony to the Commission at the hearing. If the Commission finds that an inconsistency or violation of the approved major subdivision preliminary plat exists at the time of the hearing, then, by a majority vote of attending members, the Commission may revoke the approval of the major subdivision preliminary plat and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of this Ordinance and shall be subject to the penalties stated herein.
1180.06 MAJOR SUBDIVISION PRELIMINARY PLAT APPLICATION AND REVIEW REQUIREMENTS.
The following information shall be included with all applications for major subdivision preliminary plat review under this Ordinance, except where the Commission determines that certain information is not necessary or applicable to the review:
(a) Application Form. The application form shall be completed by the applicant and contain, at minimum, the following information:
(i) Applicant’s name and address.
(ii) Name and address of property owner, if different from applicant.
(iii) Common description of property and complete legal description.
(iv) Dimensions of land and total acreage.
(v) Existing zoning.
(vi) Proposed use of land and name of proposed development, if applicable.
(vii) Project value.
(viii) Employment opportunities created, if applicable.
(b) Major Subdivision Preliminary Plat Descriptive and Identification Data. Major subdivision preliminary plats shall consist of an overall plan for the entire development, drawn to a scale of not less than one inch equals 50 feet for property less than three acres, and one inch equals 100 feet for property three acres or more in size. Sheet size shall be at least 24 inches by 36 inches. The following descriptive and identification information shall be included on all major subdivision preliminary plats:
(i) Name, address, and telephone number of the owner, subdivider, professional engineer and registered surveyor who prepared the plat.
(ii) Title block indicating the name of the development, which shall not duplicate or closely approximate the name of any other subdivision in the City.
(iii) Scale.
(iv) Northpoint.
(v) Dates of submission and revisions (month, day, year).
(vi) Location map drawn to scale with northpoint.
(vii) Legal and common description of property; location by section, range, and township.
(viii) The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding.
(ix) Identification and seal of engineer or surveyor who prepared plan. The seal of a surveyor may be accepted if the major subdivision preliminary plat involves no engineering.
(x) Written description of proposed land use.
(xi) Zoning classification of petitioner’s parcel and all abutting parcels.
(xii) Proximity to section corner and major thoroughfares.
(xiii) Notation of any variances which have or must be secured.
(xiv) Net acreage (minus rights-of-way) and total acreage, to the nearest 1/100 acre.
(xv) Original date and date of revisions.
(xvi) Proposed phasing of construction, if applicable.
(c) Site Data.
(i) Existing lot lines, corporation lines, section lines, township lines, building lines, structures, parking areas, and other improvements on the site and within 100 feet of the site.
(ii) Front, side, and rear setback dimensions.
(iii) Topography on the site and within 100 feet of the site at two foot contour intervals, referenced to the City mapping system.
(iv) Proposed major subdivision preliminary plat features, including building locations, roadway widths and names, and parking areas, if any.
(v) Dimensions and centerlines of existing and proposed roads and road rights- of-way and existing railroad rights-of-way.
(vi) Acceleration, deceleration, and passing lanes, where required.
(vii) Proposed location of driveway entrances and on-site driveways.
(viii) Cross-section of any proposed roads.
(ix) Location of existing drainage courses, floodplains, lakes and streams, with elevations.
(x) Location of existing and proposed interior sidewalks and sidewalks in the right-of-way.
(xi) Exterior lighting locations and method of shielding lights from shining off the site.
(xii) Trash receptacles locations and method of screening, if applicable.
(xiii) Transformer pad location and method of screening, if applicable.
(xiv) Layout of off-street parking areas and indication of total number of spaces and typical dimensions of spaces, if applicable.
(xv) Method of surfacing driveways, parking areas, and other vehicle maneuvering areas.
(xvi) Information needed to calculate required parking in accordance with Zoning Ordinance standards, if applicable.
(xvii) The location of lawns and landscaped areas, including required landscaped greenbelts.
(xviii) Landscape plan, including location, spacing and types of shrubs, trees, and other live plant material.
(xix) Location, sizes, and types of existing trees five inches or greater in diameter, measured at one foot off the ground, before and after proposed development.
(xx) Tree replacement plan.
(xxi) Cross-section of proposed berms.
(xxii) Location and description of all easements for public rights-of-way, utilities, access, shared access, and drainage.
(xxiii) Designation of fire lanes.
(xxiv) Loading/unloading area.
(xxv) The location of any outdoor storage of materials and the manner by which it will be screened.
(xxvi) Names of adjacent subdivisions, owners of adjacent parcels, outlots or lot numbers of adjacent parcels.
(d) Information Concerning Utilities, Drainage, and Related Issues.
(i) Schematic layout of existing and proposed sanitary sewers and septic systems; water mains, well sites, and water service leads; hydrants that would be used by public safety personnel to serve the site; storm sewers and drainage facilities, including the location of retention/detention facilities; and, the location of gas, electric, and telephone lines.
(ii) Indication of site grading and drainage patterns.
(iii) Types of soils and location of floodplains and wetlands, if applicable.
(iv) Soil erosion and sedimentation control measures.
(v) Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways, and parking lots.
(vi) Assessment of potential impacts from the use, processing, or movement of hazardous materials or chemicals, if applicable.
(e) Non-Applicable Items. If any of the items listed are not applicable to a particular site, the major subdivision preliminary plat shall provide a list of each item considered not applicable, and the reason(s) why each listed item is not considered applicable.
(f) Other Required Data. Other data may be required if deemed necessary by administrative officials or the Commission to determine compliance with the provisions in this Ordinance. Such information may include traffic studies, market analysis, environmental assessments, condominium documents, and evaluation of the demand on public facilities and services.
1180.07 MAJOR SUBDIVISION PRELIMINARY PLAT APPROVAL STANDARDS.
The following criteria shall be used as a basis upon which major subdivision preliminary plats will be reviewed and approved, approved with conditions, or denied:
(a) Adequacy of Information and Compliance with Ordinance Requirements. The major subdivision preliminary plat includes all required information in a complete and understandable form that provides an accurate description of the proposed uses, layout, and site improvements. The major subdivision preliminary plat complies with all applicable Ordinance requirements, including but not limited to lot size, yard space and density, as well as all improvements required in accordance with Chapter 1164 of this Ordinance.
(b) Site Design Characteristics. All elements of the site design are harmoniously and efficiently organized in relation to topography, parcel configuration, adjacent properties, traffic operations, adjacent streets and driveways, pedestrian access, and the type and size of buildings. The site is designed in a manner that promotes the normal and orderly development of surrounding property for uses permitted by this Ordinance.
(c) Site Appearance and Coordination. Site elements are designed and located so that the proposed development is aesthetically pleasing and harmonious with adjacent existing or future developments. All site features, including vehicle and pedestrian circulation, building orientation, landscaping, lighting, utilities, recreation facilities, and open space are harmonious and coordinated with adjacent properties.
(d) Preservation of Site Features. The site design preserves and conserves natural, cultural, historical and architectural site features, including but not limited to architecturally or historically significant buildings, archeological sites, wetlands, topography, tree-rows and hedgerows, wooded areas and significant individual trees.
(e) Pedestrian Access and Circulation. The arrangement of public or common ways for pedestrian circulation connects to existing or planned sidewalks or bicycle pathways in the area, and is insulated as completely as possible from the vehicular circulation system. The site design complies with applicable federal, state, and local laws and regulations regarding barrier-free access.
(f) Vehicular Access and Circulation. Drives, streets, parking, site access and other vehicle-related elements are designed to minimize traffic conflicts on adjacent streets and promote safe and efficient traffic circulation within the site.
(g) Landscaping and Screening. Landscaping and screening are provided in a manner that adequately buffers adjacent land uses and screens off-street parking, mechanical appurtenances, loading and unloading areas and storage areas from adjacent residential areas and public rights-of-way.
(h) Exterior Lighting. All exterior lighting fixtures are designed, arranged and shielded to minimize glare and light trespass, prevent night blindness and vision impairments, and maximize security.
(i) Impact upon Public Services. The impact upon public services will not exceed the existing or planned capacity of such services, and adequate public services (including but not limited to utilities (water, sanitary & storm sewers, county drains, natural gas, electricity and telephone), streets, police and fire protection, public schools and sidewalks/bicycle paths) are available or provided to the site, and are designed with sufficient capacity and durability to properly serve the development.
(j) Drainage and Soil Erosion. Drainage systems, stormwater facilities, and soil erosion, sedimentation and dust control measures are arranged, located and designed to promote shared-use of common facilities by adjoining properties. Adjoining properties, public rights-of-way and the capacity of the public storm drainage system will not be adversely affected by stormwater runoff and sedimentation.
(k) Emergency Access and Vulnerability to Hazards. All sites and buildings are designed to allow convenient and direct emergency access, and the level of vulnerability to injury or loss from incidents involving hazardous materials or processes will not exceed the City’s emergency response capabilities.
1180.08 MAJOR SUBDIVISION IMPROVEMENT PLANS REVIEW PROCEDURES.
(a) Major Subdivision Improvement Plans Review Required. Whoever subdivides land, having received approval of the preliminary plat by the Commission, shall then prepare detailed drawings and submit the plans, profiles, typical sections, details, summaries, and cross-sections of streets and specifications for the required improvements as provided in this Ordinance to the City Engineer for approval in accordance with standards provided herein, as well as City construction specifications as approved by the City Engineer. After review the City Engineer may approve, conditionally approve or disapprove the major subdivision improvement plans.
(b) Submission of Major Subdivision Improvement Plans for Review by City Engineer. The applicant is required to submit the following materials to the City Engineer:
(i) One completed and signed copy of an application for Major Subdivision Improvement Plans Review;
(ii) Four copies of the major subdivision improvement plans;
(iii) Two sets of supporting documentation;
(iv) Evidence that the improvement plans have been submitted for review to affected and applicable county, state, and federal agencies; and
(v) The required review fee.
(c) Distribution of Plans. Upon submission of all required application materials and following completion of all items required by the Engineering Standards adopted by the Council and approved by the City Engineer, the major subdivision improvement plans and application shall be distributed by the City Engineer to appropriate City officials for review.
(d) Review and Action.
(i) Request for Revisions. Upon review of the major subdivision improvement plans, the City Engineer may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested revised plans for review prior to formal action being taken. All review fees must be paid prior to any review. It shall be the applicant’s responsibility to consult with City Engineer during this revision process.
(ii) Final Action. The City Engineer shall review the major subdivision improvement plans, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The City Engineer shall then make a determination based on the requirements and standards of this Ordinance. The City Engineer is authorized to approve, approve subject to conditions or deny the major subdivision improvement plans as follows:
(1) Denial. Upon determination that major subdivision improvement plans do not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the major subdivision improvement plans shall be denied. If major subdivision improvement plans are denied, a written record shall be provided to the applicant listing the reasons for such denial.
(2) Approval. Upon determination that major subdivision improvement plans are in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the major subdivision improvement plans shall be approved.
(3) Approval subject to conditions. The City Engineer may approve major subdivision improvement plans, subject to one or more conditions necessary to address minor modifications to the major subdivision improvement plans, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance.
The applicant shall re-submit the major subdivision improvement plans for final approval by the City Engineer after conditions have been met.
(e) Recording of Major Subdivision Improvement Plans Action. City Engineer action on the major subdivision improvement plans shall be recorded on the plans and in the City Engineer’s file for the proposed major subdivision.
(f) Procedure after Major Subdivision Improvement Plans Approval.
(i) Approval Expiration. Major subdivision improvement plans approval becomes null and void if a major subdivision final plat has not been submitted within 24 months following the final approval of the major subdivision preliminary plat by the Commission, or if construction has not been completed within 12 months after it commenced following the approval of major subdivision improvement plans by the City Engineer. In such a case, the applicant shall file a new application. Review by the City Engineer of the new application and major subdivision improvement plans shall be required.
(ii) Approval Extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the City Engineer may review the circumstances surrounding a failure to meet the required deadlines. The City Engineer may grant an extension of up to 12 months to an approval, if he or she finds that the approved major subdivision improvement plans continue to adequately represent current conditions on and surrounding the site and that the major subdivision improvement plans conform to the standards of this Ordinance in effect at the time of the applicant’s request for an extension.
(iii) Outside Agency Permits or Approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies.
(iv) Revocation. An approved major subdivision improvement plans may be revoked by the City Engineer if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. If the City Engineer finds that an inconsistency or violation of the approved major subdivision improvement plans exists, then the City Engineer may revoke the approval of the major subdivision improvement plans and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of this Ordinance and shall be subject to the penalties stated herein.
1180.09 MAJOR SUBDIVISION IMPROVEMENT PLANS APPLICATION AND REVIEW REQUIREMENTS.
In addition to meeting all City Engineer standards and conforming to all applicable provisions of this Ordinance, the following information shall be included with all applications for major subdivision improvement plans review under this Ordinance, except where the Commission determines that certain information is not necessary or applicable to the review:
(a) Application Form. The application form shall be completed by the applicant and contain, at minimum, the following information:
(i) Applicant’s name and address.
(ii) Name and address of property owner, if different from applicant.
(iii) Common description of property and complete legal description.
(iv) Dimensions of land and total acreage.
(v) Existing zoning.
(vi) Proposed use of land and name of proposed development, if applicable.
(vii) Project value.
(viii) Employment opportunities created, if applicable.
(b) Major Subdivision Improvements Plans Descriptive and Identification Data. Major subdivision improvement plans shall consist of detailed plans for construction and installation of all improvements required in accordance with Chapter 1164 of this Ordinance, drawn to a scale of not less than one inch equals 50 feet for property less than three acres, and one inch equals 100 feet for property three acres or more in size. Sheet size shall be 24 inches by 36 inches. The following descriptive and identification information shall be included on all major subdivision improvement plans:
(i) Applicant’s name, address, and telephone number.
(ii) Title block indicating the name of the development.
(iii) Scale.
(iv) Northpoint.
(v) Dates of submission and revisions (month, day, year).
(vi) Location map drawn to scale with northpoint.
(vii) Legal and common description of property.
(viii) The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding.
(ix) Identification and seal of engineer who prepared plan.
(x) Proximity to section corner and major thoroughfares.
(xi) Net acreage (minus rights-of-way) and total acreage, to the nearest 1/10 acre.
(c) Site Data.
(i) Existing lot lines, building lines, structures, parking areas, and other improvements on the site and within 100 feet of the site.
(ii) Front, side, and rear setback dimensions.
(iii) Topography on the site and within 100 feet of the site at two foot contour intervals, referenced to the City mapping system.
(iv) Proposed major subdivision preliminary plat features, including building locations, roadway widths and names, and parking areas, if any.
(v) Dimensions and centerlines of existing and proposed roads and road rights- of-way.
(vi) Acceleration, deceleration, and passing lanes, where required.
(vii) Proposed location of driveway entrances and on-site driveways.
(viii) Plans, profiles, and cross-sections of any proposed roads.
(ix) Location of existing drainage courses, floodplains, lakes and streams, with elevations.
(x) Location of existing and proposed interior sidewalks and sidewalks in the right-of-way.
(xi) Exterior lighting locations and method of shielding lights from shining off site.
(xii) Trash receptacles locations and method of screening, if applicable.
(xiii) Transformer pad location and method of screening, if applicable.
(xiv) Layout of off-street parking areas and indication of total number of spaces and typical dimensions of spaces, if applicable.
(xv) Method of surfacing driveways, parking areas, and other vehicle maneuvering areas.
(xvi) Information needed to calculate required parking in accordance with Zoning Ordinance standards, if applicable.
(xvii) The location of lawns and landscaped areas, including required landscaped greenbelts.
(xviii) Landscape plan, including location, spacing and types of shrubs, trees, and other live plant material.
(xix) Location, sizes, and types of existing trees five inches or greater in diameter, measured at one foot off the ground, before and after proposed development.
(xx) Tree replacement plan.
(xxi) Cross-section of proposed berms.
(xxii) Location and description of all easements for public rights-of-way, utilities, access, shared access, and drainage.
(xxiii) Designation of fire lanes.
(xxiv) Loading/unloading area.
(xxv) The location of any outdoor storage of materials and the manner by which it will be screened.
(d) Information Concerning Utilities, Drainage, and Related Issues.
(i) Plans and design calculations for existing and proposed sanitary sewers and septic systems; water mains, well sites, and water service leads; hydrants that would be used by public safety personnel to serve the site; storm sewers and drainage facilities, including the location of retention/detention facilities; and, the location of gas, electric, and telephone lines.
(ii) Master grading plan, including design of site grading and drainage.
(iii) Types of soils and location of floodplains and wetlands, if applicable.
(iv) Soil erosion and sedimentation control measures.
(v) Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways, and parking lots.
(vi) Assessment of potential impacts from the use, processing, or movement of hazardous materials or chemicals, if applicable.
(vii) Location of proposed monuments.
(e) Non-Applicable Items. If any of the items listed are not applicable to a particular site, the major subdivision preliminary plat shall provide a list of each item considered not applicable, and the reason(s) why each listed item is not considered applicable.
(f) Other Required Data. Other data may be required if deemed necessary by administrative officials or the Commission to determine compliance with the provisions in this Ordinance. Such information may include traffic studies, market analysis, environmental assessments, condominium documents, and evaluation of the demand on public facilities and services.
1180.10 MAJOR SUBDIVISION IMPROVEMENT PLANS APPROVAL STANDARDS.
The following criteria shall be used as a basis upon which major subdivision improvement plans will be reviewed and approved, approved with conditions, or denied:
(a) Adequacy of Information and Compliance with Ordinance Requirements. The major subdivision improvement plans include all required information in a complete and understandable form that provides an accurate description of the proposed uses, layout, and site improvements. The major subdivision improvement plans comply with all applicable Ordinance requirements, including but not limited to lot size, yard space and density, as well as all improvements required in accordance with Chapter 1164 of this Ordinance.
(b) Site Design Characteristics. All elements of the site design are harmoniously and efficiently organized in relation to topography, parcel configuration, adjacent properties, traffic operations, adjacent streets and driveways, pedestrian access, and the type and size of buildings. The site is designed in a manner that promotes the normal and orderly development of surrounding property for uses permitted by this
Ordinance.
(c) Site Appearance and Coordination. Site elements are designed and located so that the proposed development is aesthetically pleasing and harmonious with adjacent existing or future developments. All site features, including vehicle and pedestrian circulation, building orientation, landscaping, lighting, utilities, recreation facilities, and open space are harmonious and coordinated with adjacent properties.
(d) Preservation of Site Features. The site design preserves and conserves natural, cultural, historical and architectural site features, including but not limited to architecturally or historically significant buildings, archeological sites, wetlands, topography, tree-rows and hedgerows, wooded areas and significant individual trees.
(e) Pedestrian Access and Circulation. The arrangement of public or common ways for pedestrian circulation connects to existing or planned sidewalks or bicycle pathways in the area, and is insulated as completely as possible from the vehicular circulation system. The site design complies with applicable federal, state, and local laws and regulations regarding barrier-free access.
(f) Vehicular Access and Circulation. Drives, streets, parking, site access and other vehicle-related elements are designed to minimize traffic conflicts on adjacent streets and promote safe and efficient traffic circulation within the site.
(g) Landscaping and Screening. Landscaping and screening are provided in a manner that adequately buffers adjacent land uses and screens off-street parking, mechanical appurtenances, loading and unloading areas and storage areas from adjacent residential areas and public rights-of-way.
(h) Exterior Lighting. All exterior lighting fixtures are designed, arranged and shielded to minimize glare and light trespass, prevent night blindness and vision impairments, and maximize security.
(i) Impact upon Public Services. The impact upon public services will not exceed the existing or planned capacity of such services, and adequate public services (including but not limited to utilities (water, sanitary & storm sewers, county drains, natural gas, electricity and telephone), streets, police and fire protection, public schools and sidewalks/bicycle paths) are available or provided to the site, and are designed with sufficient capacity and durability to properly serve the development.
(j) Drainage and Soil Erosion. Drainage systems, stormwater facilities, and soil erosion, sedimentation and dust control measures are arranged, located and designed to promote shared-use of common facilities by adjoining properties. Adjoining properties, public rights-of-way and the capacity of the public storm drainage system will not be adversely affected by stormwater runoff and sedimentation.
(k) Emergency Access and Vulnerability to Hazards. All sites and buildings are designed to allow convenient and direct emergency access, and the level of vulnerability to injury or loss from incidents involving hazardous materials or processes will not exceed the City’s emergency response capabilities.
1180.11 MAJOR SUBDIVISION FINAL PLAT REVIEW PROCEDURES.
(a) Major Subdivision Final Plat Review Required. Whoever subdivides land, having received approval of the improvement plans by the City Engineer, shall submit a final plat to the Commission. After review the Commission may approve, conditionally approve or disapprove the final plat. Whoever subdivides land, having received approval of the final plat by the Commission, shall offer all improvements and/or performance guarantees to the Council. After review the Council may approve, modify, or disapprove the improvements constructed and/or performance guarantees offered. Whoever subdivides land, having received approval of improvements and/or performance guarantees by the Council, shall file the plat with the City Engineer for recording as provided in this Ordinance, and after recording he or she may transfer title to the parcels shown on the final plat. Council shall by separate action accept all streets and required improvements for use and maintenance after all streets and required improvements have been installed by the developer and approved by the City Engineer.
(b) Submission of Major Subdivision Final Plat for Review by Commission. In order to initiate formal review by the Commission, the applicant is required to submit the following materials to the Administrative Official:
(i) One completed and signed copy of an application for Commission Review;
(ii) 20 individually folded copies of the major subdivision final plat;
(iii) Completed and signed checklist;
(iv) One 8-1/2 by 11 inch size, or 11 by 17 inch size, reduced copy of the major subdivision final plat;
(v) Evidence that the plan has been submitted for review to affected and applicable county, state, and federal agencies; and
(vi) The required review fee.
These materials must be submitted to the Administrative Official in sufficient time to allow review by City staff and consultants prior to the Commission meeting at which the review will occur. The plans and required documentation must be submitted to the City on the 20th day of the month prior to the next regularly scheduled meeting for consideration for review by the Commission. The Administrative Official has the authority to determine what is “sufficient time”, based on the scope and complexity of the proposal.
(c) Distribution of Plans. Upon submission of all required application materials and following completion of all items required by the adopted major subdivision final plat review manual, the proposed major subdivision final plat shall be placed on the next open Commission agenda. The major subdivision final plat and application shall be distributed by the Administrative Official to appropriate City officials and the City Engineer and City Planner for review.
(d) Commission Review and Action.
(1) Request for Revisions. Upon review of the major subdivision final plat proposal at a workshop, the Commission may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested revised plans for review prior to formal action being taken. All review fees must be paid prior to any review. It shall be the applicant’s responsibility to consult with City staff and consultants during this revision process. Action on the major subdivision final plat shall remain tabled until the next regular Commission meeting following review of a substantially complete plan at a Commission workshop.
(ii) Final Action. The Commission shall review the major subdivision final plat, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Commission shall then make a determination based on the requirements and standards of this Ordinance. The Commission is authorized to table, approve, approve subject to conditions or deny the major subdivision final plat as follows:
(1) Table. Upon determination by the Commission that a major subdivision final plat is not sufficiently complete for approval or denial, or upon a request by the applicant, the Commission may table the item until a later meeting.
(2) Denial. Upon determination that a major subdivision final plat does not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the major subdivision final plat shall be denied. If a major subdivision final plat is denied, a written record shall be provided to the applicant listing the reasons for such denial. Failure of the applicant, or the applicant’s designated representative, to attend two or more scheduled meetings shall be grounds for the Commission to deny approval of the major subdivision final plat.
(3) Approval. Upon determination that a major subdivision final plat is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the major subdivision final plat shall be approved.
(4) Approval subject to conditions. The Commission may approve a major subdivision final plat, subject to one or more conditions necessary to address minor modifications to the major subdivision final plat, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance.
The Commission may require that the applicant re-submit the major subdivision final plat for final approval by the Commission after conditions have been met. The Commission may waive its right to review the revised plan, and delegate authority to the Administrative Official or staff to review and approve a revised major subdivision final plat on the Commission’s behalf after required conditions have been addressed. The Commission may require that the Administrative Official secure a favorable recommendation from the City Planner and/or City Engineer prior to final approval of the revised plat.
(e) Recording of Major Subdivision Final Plat Action. Commission action on the major subdivision final plat shall be recorded in the Commission meeting minutes, stating the name and location of the project, the proposed use, the most recent plan revision date, and the conditions or grounds for the Commission’s action.
(f) Procedure after Major Subdivision Final Plat Approval.
(i) Approval Expiration. Major subdivision final plat approval becomes null and void if not recorded within 12 months following the final approval of the major subdivision final plat by the Commission. In such a case, the applicant shall file a new application. If the associated major subdivision preliminary plat has not expired, the major subdivision final plat may be resubmitted as a major subdivision final plat. If the associated major subdivision preliminary plat has expired, the major subdivision final plat must be resubmitted as a major subdivision preliminary plat.
(ii) Approval Extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the Commission may review the circumstances surrounding a failure to meet the required deadlines. The Commission may grant an extension of up to 12 months to an approval, if it finds that the approved major subdivision final plat continues to adequately represent current conditions on and surrounding the site and that the major subdivision final plat conforms to the standards of this Ordinance in effect at the time of the applicant’s request for an extension.
(iii) Outside Agency Permits or Approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies.
(iv) Revocation. An approved major subdivision final plat may be revoked by the Commission if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. In such a case, the major subdivision final plat shall be placed on the agenda of a Commission meeting for a public hearing. The Administrative Official shall cause written notice to be provided to the applicant at least 10 days prior to the meeting and shall publish notice of said hearing no later than five days prior to the date and time. The notice shall reduce all alleged inconsistencies and violations to writing. The Administrative Official, the applicant, and other interested persons shall be allowed to present information and testimony to the Commission at the hearing. If the Commission finds that an inconsistency or violation of the approved major subdivision final plat exists at the time of the hearing, then, by a majority vote of attending members, the Commission may revoke the approval of the major subdivision final plat and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of this Ordinance and shall be subject to the penalties stated herein.
(g) Council Action. After approval of the major subdivision final plat by the Commission, and when offered by whoever subdivides land, the Council shall act on each of the following:
(i) Council shall review the performance guarantees offered by whoever is subdividing land, so that such performance guarantees are consistent with the requirements in this Ordinance. Council may approve, modify, or disapprove the performance guarantees offered. If all streets and required improvements have been properly installed as attested to by the City Engineer, then no performance guarantees shall be required.
(ii) Council shall review the streets and all other areas intended for public use offered by whoever is subdividing land, so that such items are consistent with the requirements in this Ordinance. Council may accept or reject the items offered upon recommendation of the City Engineer.
(h) Transfer and Recording. After approval of the major subdivision final plat by the Commission and the required Council action, the major subdivision final plat shall be recorded in the office of the applicable County Recorder, by the subdivider or his agents, and at the expense of whoever subdivides. The original tracing of the major subdivision final plat, after it has been recorded, shall be returned to the City Engineer by the subdivider or his agents, where it will be filed and retained in the office of the City Engineer and shall become and remain the property of the City.
1180.12 MAJOR SUBDIVISION FINAL PLAT APPLICATION AND REVIEW REQUIREMENTS.
The following information shall be included with all applications for major subdivision final plat review under this Ordinance, except where the Commission determines that certain information is not necessary or applicable to the review:
(a) Application Form. The application form shall be completed by the applicant and contain, at minimum, the following information:
(i) Applicant’s name and address.
(ii) Name and address of property owner, if different from applicant.
(iii) Common description of property and complete legal description.
(iv) Dimensions of land and total acreage.
(v) Existing zoning.
(vi) Proposed use of land and name of proposed development, if applicable.
(b) Major Subdivision Final Plat Descriptive and Identification Data. Major subdivision final plats shall consist of an overall plan for the entire development, drawn to a scale of not less than one inch equals 50 feet for property less than three acres, and one inch equals 100 feet for property three acres or more in size. Sheet size shall be at least 24 inches by 36 inches. The following descriptive and identification information shall be included on all major subdivision preliminary plats:
(i) Applicant’s name, address, and telephone number.
(ii) Title block indicating the name of the development.
(iii) Scale.
(iv) Northpoint.
(v) Dates of submission and revisions (month, day, year).
(vi) Location map drawn to scale with northpoint.
(vii) Legal and common description of property.
(viii) The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding.
(ix) Identification and seal of engineer or surveyor who prepared plan. The seal of a surveyor may be accepted if the major subdivision final plat involves no engineering.
(x) Proximity to section corner and major thoroughfares.
(xi) Net acreage (minus rights-of-way) and total acreage, to the nearest 1/10 acre.
(c) Site Data.
(i) Existing lot lines, building lines, structures, parking areas, and other improvements on the site and within 100 feet of the site.
(ii) Front, side, and rear setback dimensions.
(iii) Proposed major subdivision final plat features, including building locations, roadway widths and names, and parking areas, if any.
(v) Dimensions and centerlines of existing and proposed roads and road rights- of-way.
(vi) Acceleration, deceleration, and passing lanes, where required.
(vii) Location and description of all easements for public rights-of-way, utilities, access, shared access, and drainage.
(d) Certificates.
(i) Legal description of property and total acreage of land platted, total acreage of streets dedicated, and total acreage of lots platted.
(ii) The certificate of a registered surveyor attesting to the accuracy of the survey and the correct location of all monuments shown.
(iii) The certificate of the owner or owners of the major subdivision final plat acknowledging the proposed major subdivision final plat and all dedication of land for public use. This acknowledgment shall be before a notary public.
(iv) The certificate of the City Engineer certifying that the major subdivision plat meets all requirements for installed improvements.
(v) The certificate of the Commission Chair confirming the Commission’s approval of the major subdivision final plat.
(vi) The certificate of the Council President confirming the Council’s acceptance of the streets for public use.
(vii) Endorsement to be completed by the County Auditor of the County in which the lots are located upon transfer of record.
(viii) Endorsement to be completed by the County Recorder of the County in which the lots are located upon recording of the major subdivision final plat.
(e) Non-Applicable Items. If any of the items listed are not applicable to a particular site, the major subdivision final plat shall provide a list of each item considered not applicable, and the reason(s) why each listed item is not considered applicable.
(f) Other Required Data. Other data may be required if deemed necessary by administrative officials or the Commission to determine compliance with the provisions in this Ordinance. Such information may include traffic studies, market analysis, environmental assessments, condominium documents, and evaluation of the demand on public facilities and services.
1180.13 MAJOR SUBDIVISION FINAL PLAT APPROVAL STANDARDS.
The following criteria shall be used as a basis upon which major subdivision final plat will be reviewed and approved, approved with conditions, or denied:
(a) Adequacy of Information and Compliance with Ordinance Requirements. The major subdivision final plat includes all required information in a complete and understandable form that provides an accurate description of the proposed uses, layout, and site improvements. The major subdivision final plat complies with all applicable Ordinance requirements, including but not limited to lot size, yard space and density, as well as all improvements required in accordance with Chapter 1164 of this Ordinance.
(b) Conformance to Approved Major Subdivision Preliminary Plat. The major subdivision final plat conforms in all respects to the associated approved major subdivision preliminary plat and incorporates all recommended changes, modifications, and conditions attached to the associated approved major subdivision preliminary plat.
(c) Conformance to Approved Major Subdivision Improvement Plans. All required improvements have been installed and approved by the City Engineer in accordance with the associated approved major subdivision improvement plans, or performance guarantees are intended to be offered to Council therefor.
1180.14 MAJOR SUBDIVISION GUARANTEES.
The developer may execute and file with the Clerk of Council financial guarantees in lieu of actual installation or completion of the required improvements. Such guarantees may be in the form of a performance or surety bond, a certified check, or any other type of surety approved by the Council, including but limited to a letter of credit, mortgage deed or escrow account.
(a) Performance Guarantee Amount. The financial guarantee shall be in an amount equal to the estimated cost of materials and labor required to install or construct the required improvements. Such costs shall be verified by the City Engineer. When any portion of an improvement has, upon inspection, been found satisfactorily completed, a reduction in the bonds, or partial withdrawal of funds equal to the estimated costs of such completed improvements may be authorized by the City Engineer.
(b) Performance Guarantee Term. The term of such guarantee shall be determined by the Council, however, it shall not be set for a period of more than two years unless the Council, by resolution, extends the time.
(c) Non-performance by Subdivider; Completion of Improvements by City. In the event the installation of required improvements, according to the terms of the agreement, is not completed, the City, upon proper notice, may complete the improvements and may take action to recover such portion of money or bonds posted for the faithful performance of such work.
(d) Performance Guarantee Release. The City Engineer shall make the inspection required for the release of the performance guarantee upon the request of the subdivider or the developer; and if said improvements specified in these regulations have been completed, shall promptly certify and report to the Safety-Service Director as to the acceptance of said improvements and the release of said performance guarantee.
(e) Subdivider’s Guarantee. After construction of said improvements, the subdivider’s engineer, or his successor in interest, shall file with the Safety-Service Director and the City Engineer an affidavit setting forth that all required improvements have been constructed in accordance with the plans and specifications approved under the provisions of this Ordinance, including such modifications or variances granted by the Board. The subdivider’s engineer shall provide the City Engineer one set of reproducible mylar drawings (excluding sepia) for permanent record, showing the locations, sights, and elevations of all improvements constructed. AutoCAD drawings of the entire project containing as-built information shall be provided as well.
(f) Maintenance Guarantee Generally. The subdivider shall be responsible for the maintenance of the improvements installed and for providing the services necessary to guarantee access to all the occupied lots, excluding snow removal, for a period of one year after acceptance of the required improvements. Such approval by the Safety-Service Director shall be made upon the recommendation from the City Engineer. The subdivider shall provide a maintenance guarantee to the City providing for the care and maintenance of the physical improvements as specified herein, which shall be deposited and remain at all times with the Safety-Service Director. The subdivider shall also maintain the improvements prior to their acceptance by the Safety-Service Director and City Engineer.
(g) Maintenance Guarantee Type. As consideration for the approval of the final plat by the Commission, the subdivider shall execute and file a financial guarantee with the City providing for the care and maintenance of the physical improvements provided for in this Ordinance for a period of one year from the date of the acceptance of the improvements by the Safety-Service Director and the City Engineer. Such guarantee shall be in the form of a cash, certified check, irrevocable letter of credit or collectible bond unless the Safety-Service Director shall approve another form of financial guarantee in a specific case.
(h) Maintenance Guarantee Amount. The financial guarantee for maintenance shall be in addition to the performance guarantee for the completion of the required improvements as specified in this Ordinance and may be included with the performance guarantee.
(i) Maintenance Guarantee Term. The subdivider shall be responsible for routine maintenance of all improvements and shall repair all failures due to faulty construction as soon as they become apparent. Said subdivider shall also make repairs due to erosion or abuse by utility companies installing utilities and shall repair all failures for all other reasons during the one year period. The subdivider shall restore the improvements at the end of the maintenance period.
(j) Maintenance Guarantee Release. The City Engineer shall promptly make the inspection required for the release of the maintenance guarantee at the end of the one year period and shall certify his report to the Safety-Service Director for this action. The Safety-Service Director shall release the maintenance guarantee if said maintenance of the required improvements has been approved by the City Engineer.
1180.15 OTHER GENERAL PLAT APPLICATION AND REVIEW PROCEDURES AND REQUIREMENTS.
(a) Other General Plat Review Required. In addition to major and minor subdivisions, the following types of plats shall be submitted to the Commission:
(i) Replats;
(ii) Survey Plats;
(iii) Annexation Plats;
(iv) Alley/Street Dedications;
(v) Alley/Street Vacations; and
(vi) Combination Plats.
(c) Additional Requirements. Additional requirements for Alley/Street Vacation Plats are as follows:
(i) Signed petition from all property owners which bound or abut the street or alley to be vacated;
(ii) Copy of latest property tax bill for all properties which bound or abut the street or alley to be vacated;
(iii) A cover letter to the Council requesting the vacation and the reasons for the vacation; and
(iv) An amount of money, to be deposited with the City Auditor, and in an amount as determined by the City Engineer (and approved by the Council prior to approval of the vacation) to be sufficient to equal the tax value of the land which immediately abuts the vacated property on both sides.
1180.16 SITE PLAN REVIEW PROCEDURES.
(a) Site Plan Review Required. Except otherwise noted in this Ordinance, the development of any new use, the construction of any new structures, any change of an existing use of land or structure that impacts any requirement of this Ordinance, and all other building or development activities shall require site plan approval prior to construction and/or occupancy pursuant to this Article. For example, site plan review is required for any of the following activities:
(i) Erection, moving, relocation, or conversion of a building or structure to create additional floor space, other than a single family dwelling.
(ii) Any development that would, if approved, provide for the establishment of more than one principal use on a parcel, such as a single family site condominium or similar project where a single parcel is developed to include two or more sites for detached single family dwellings.
(iii) Development of non-single family residential uses in single family districts.
(iv) Any change in land use or change in the use of a structure that potentially affects compliance with the standards set forth within this Ordinance.
(v) The development or construction of any accessory uses or structures, except for uses or structures that are accessory to a single family dwelling.
(vi) Any use or construction for which submission of a site plan is required by any provision of these regulations.
(vii) Establishment of any regulated use.
(viii) A building that has been vacant for longer than 12 months.
(ix) Changes to parking facilities including the addition or subtraction of parking spaces, and/or adding, removing or relocating curb cuts.
(x) Changes to storm, sanitary or water utilities on site.
(xi) Changes to the site that may increase storm water runoff or otherwise change runoff conditions.
(b) Site Plan Not Required. Notwithstanding the preceding Section, site plan approval is not required for the following activities.
(i) Construction, moving, relocating or structurally altering a single or two- family home, including any customarily incidental accessory structures.
(ii) Excavating, filling, or otherwise removing soil, provided that such activity is normally and customarily incidental to single family uses described in this subsection for which site plan approval is not required.
(iii) A change in the ownership of land or a structure.
(iv) A change in the use of a structure to a similar use allowed by right in the zoning district in which it is located, provided that no modification to the site is proposed or required by the standards of the regulations and that the site maintains full and continuing compliance with this Ordinance.
(c) Submission of Site Plan for Review by Commission. In order to initiate formal review by the Commission, the applicant is required to submit the following materials to the Administrative Official:
(i) One completed and signed copies of an application for Commission Review;
(ii) 20 individually folded copies of the site plan;
(iii) One 8-1/2 by 11 inch size, or 11 by 17 inch size, reduced copy of the site plan;
(iv) Two sets of supporting documentation;
(v) Evidence that the plan has been submitted for review to affected and applicable county, state, and federal agencies; and
(vi) The required review fee.
These materials must be submitted to the Administrative Official in sufficient time to allow review by City staff and consultants prior to the Commission meeting at which the review will occur. The site plans and required documentation must be submitted to the City on the 20th day of the month prior to the next regularly scheduled meeting for consideration for review by the Commission. The Administrative Official has the authority to determine what is “sufficient time”, based on the scope and complexity of the proposal.
(d) Distribution of Plans. Upon submission of all required application materials and following completion of all items required by the adopted site plan review manual, the proposed site plan shall be placed on the next open Commission agenda. The site plan and application shall be distributed by the Administrative Official to appropriate City officials and the City Planner for review. If deemed necessary by the Administrative Official, the plans may also be submitted to the City Engineer for review.
(e) Review and Action.
(i) Informal Review of Conceptual Plans by City Staff. Applicants are encouraged to meet with the City Staff, including but not limited to the City Engineer, City Planner, and such other persons as determined by the Administrative Official, for informal review of conceptual site plans. The purpose of this informal review is to discuss applicable standards and technical issues, comment on the project’s compliance with the standards of this Ordinance, and determine the appropriate type of review process. The applicant or City Planner may also request input from other City staff or consultants. Conceptual plans should, at minimum, include the proposed use, building footprint, existing conditions, general site layout and conceptual grading. Conceptual plan review comments are non-binding, and should be considered by the applicant to be suggestions and recommendations only. A review fee may be required for conceptual plan review, as determined by City.
(ii) Informal Review by the Commission. The Commission may request an informal workshop and formal regular or special meetings on a proposed project. The meeting at which a site plan proposal is considered shall be a workshop meeting of the Commission. The Commission shall review the reports of the appropriate City staff and consultants and discuss the findings and recommendations with the applicant. No formal action on a site plan will occur at the workshop meeting.
(iii) Request for Revisions. Upon review of the site plan proposal at a workshop, the Commission may require the applicant to revise the plans or supply additional information. The applicant shall submit any requested revised plans for review prior to formal action being taken. All review fees must be paid prior to any review. It shall be the applicant’s responsibility to consult with City staff and consultants during this revision process. Action on the site plan shall remain tabled until the next regular Commission meeting following review of a substantially complete plan at a Commission workshop.
(iv) Public Hearing. A site plan involving use(s) subject to conditional use approval, planned residential development, or planned unit developments, shall require a public hearing. After payment of appropriate fees, the Administrative Official may set the date of the public hearing for a regular or special meeting of the Commission. No hearing may held before the Commission has had an opportunity to review the plan at a workshop session.
(v) Final Action. The Commission shall review the site plan, together with any reports and recommendations from staff, consultants and other reviewing agencies and any public comments. The Commission shall then make a determination based on the requirements and standards of this Ordinance. The Commission is authorized to table, approve, approve subject to conditions or deny the site plan as follows:
(1) Table. Upon determination by the Commission that a site plan is not sufficiently complete for approval or denial, or upon a request by the applicant, the Commission may table the item until a later meeting.
(2) Denial. Upon determination that a site plan does not comply with the standards and regulations set forth in this Ordinance, or would require extensive revisions to comply with said standards and regulations, the site plan shall be denied. If a site plan is denied, a written record shall be provided to the applicant listing the reasons for such denial. Failure of the applicant, or the applicant’s designated representative, to attend two or more scheduled meetings shall be grounds for the Commission to deny approval of the site plan.
(3) Approval. Upon determination that a site plan is in compliance with the requirements of this Ordinance and other applicable ordinances and laws, the site plan shall be approved.
(4) Approval subject to conditions. The Commission may approve a site plan, subject to one or more conditions necessary to address minor modifications to the site plan, ensure that public services and facilities can accommodate the proposed use, protect significant natural features, ensure compatibility with adjacent land uses, or otherwise meet the intent and purpose of this Ordinance.
The Commission may require that the applicant re-submit the site plan for final approval by the Commission after conditions have been met. The Commission may waive its right to review the revised plan, and delegate authority to the Administrative Official or staff to review and approve a revised site plan on the Commission’s behalf after required conditions have been addressed. The Commission may require that the Administrative Official secure a favorable recommendation from the City Planner and/or City Engineer prior to final approval of the revised plan.
(f) Recording of Site Plan Action. Commission action on the site plan shall be recorded in the Commission meeting minutes, stating the name and location of the project, the proposed use, the most recent plan revision date, and the conditions or grounds for the Commission’s action.
(g) Procedure after Site Plan Approval.
(i) Approval Expiration. Site plan approval becomes null and void if substantial construction has not commenced within 365 days following the final approval of the site plan by the Commission, or if construction has not been completed within 12 months after it commenced following the issuance of a building permit. In such a case, the applicant shall file a new application. Review by the Commission of the new application and site plan shall be required.
(ii) Approval Extensions. Upon written request of the applicant, prior to the expiration of a previously granted approval, the Commission may review the circumstances surrounding a failure to meet the required deadlines. The Commission may grant an extension of up to 12 months to an approval, if it finds that the approved site plan continues to adequately represent current conditions on and surrounding the site and that the site plan conforms to the standards of this Ordinance in effect at the time of the applicant’s request for an extension.
(iii) Site Maintenance after Approval. It shall be the responsibility of the owner of a property for which site plan approval. Any property owner who fails to maintain an approved site plan in full compliance with approvals granted by the Commission according to the provisions of this Ordinance, shall be deemed in violation of the use provisions of this Ordinance and shall be subject to the penalties stated herein.
(iv) Outside Agency Permits or Approvals. The applicant shall be responsible for obtaining all necessary permits or approvals from applicable outside agencies.
(v) Revocation. An approved site plan may be revoked by the Commission if construction on the site is not completed or is not progressing in a manner consistent with the approved plans. In such a case, the site plan shall be placed on the agenda of a Commission meeting for a public hearing. The Administrative Official shall cause written notice to be provided to the applicant at least 10 days prior to the meeting and shall publish notice of said hearing no later than five days prior to the date and time. The notice shall reduce all alleged inconsistencies and violations to writing. The Administrative Official, the applicant, and other interested persons shall be allowed to present information and testimony to the Commission at the hearing. If the Commission finds that an inconsistency or violation of the approved site plan exists at the time of the hearing, then, by a majority vote of attending members, the Commission may revoke the approval of the site plan and order the site returned to its original condition by a date certain. Failure to comply with such an order shall be deemed a violation of the use provisions of this Ordinance and shall be subject to the penalties stated herein.
1180.17 MINOR MODIFICATIONS TO A SITE PLAN/ADMINISTRATIVE REVIEW.
If a minor modification to a site plan is made, an applicant may have an administrative review and not be required to go before the Commission to amend the site plan. Variances, planned residential developments, planned unit developments, or the expansion of a nonconforming use are not eligible for an administrative review. Each action related to modification of a site plan shall be duly recorded in writing on a copy of the approved plan, and shall be kept on file in the office of the Administrative Official. The Administrative Official shall have the authority to require a new site plan for the purposes of clarity. The Commission shall be advised of all minor site plan modifications approved by the Administrative Official, and such modifications shall be noted on the site plan and in the minutes of the Commission. The following activities shall be eligible for administrative plan review in accordance with this Article:
(a) Minor changes during construction due to unanticipated site constraints, or to improve safety, protect natural features, or comply with unanticipated requirements of outside agencies.
(b) Landscape changes to similar species consistent with the standards of this Ordinance that do not reduce the total amount of landscaping on the site.
(c) Changes to a structure or site required by the Administrative Official for safety considerations.
(d) Establishment of home occupations specifically listed as a permitted use.
(e) Bike path, pathway, or sidewalk construction or relocation.
(f) Grading, excavation, filling, soil removal, creation of ponds, or clearing of trees within an area up to 100 square feet on a lot occupied by a residential dwelling.
(g) Re-occupancy of a vacant building that has been unoccupied for less than 12 months.
(h) Replacing an existing sign due to damage, theft, or other situation, which was approved by the Commission with an identical sign.
1180.18 SITE PLAN APPLICATION AND REVIEW REQUIREMENTS.
The following information shall be included with all applications for site plan review under this Ordinance, except where the Commission determines that certain information is not necessary or applicable to the review:
(a) Application Form. The application form shall be completed by the applicant and contain, at minimum, the following information:
(i) Applicant’s name and address.
(ii) Name and address of property owner, if different from applicant.
(iii) Common description of property and complete legal description.
(iv) Dimensions of land and total acreage.
(v) Existing zoning.
(vi) Proposed use of land and name of proposed development, if applicable.
(vii) Proposed buildings to be constructed, including square feet of gross floor area.
(viii) Project value.
(ix) Employment opportunities created, if applicable.
(b) Site Plan Descriptive and Identification Data. Site plans shall consist of an overall plan for the entire development, drawn to a scale of not less than one inch equals 50 feet for property less than three acres, and one inch equals 100 feet for property three acres or more in size. Sheet size shall be at least 24 inches by 36 inches. The following descriptive and identification information shall be included on all site plans:
(i) Applicant’s name, address, and telephone number.
(ii) Title block indicating the name of the development.
(iii) Scale and northpoint.
(iv) Dates of submission and revisions (month, day, year).
(v) Location map drawn to scale with northpoint.
(vi) Legal and common description of property.
(vii) The dimensions of all lots and property lines, showing the relationship of the site to abutting properties. If the site is a part of a larger parcel, the plan should indicate the boundaries of total land holding.
(vii) Identification and seal of architect or engineer who prepared plan. The seal of a land surveyor may be accepted if the site plan involves no building or engineering. The seal of a landscape architect may be accepted on landscaping plans.
(ix) Written description of proposed land use.
(xi) Zoning classification of petitioner’s parcel and all abutting parcels.
(xi) Proximity to section corner and major thoroughfares.
(xii) Notation of any variances which have or must be secured.
(xiii) Net acreage (minus rights-of-way) and total acreage, to the nearest 1/10 acre.
(c) Site Data.
(i) Existing lot lines, building lines, structures, parking areas, and other improvements on the site and within 100 feet of the site.
(ii) Front, side, and rear setback dimensions.
(iii) Topography on the site and within 100 feet of the site at two foot contour intervals, referenced to the City mapping system.
(iv) Proposed site plan features, including buildings, roadway widths and names, and parking areas.
(v) Dimensions and centerlines of existing and proposed roads and road rights- of-way.
(vi) Acceleration, deceleration, and passing lanes, where required.
(vii) Proposed location of driveway entrances and on-site driveways.
(viii) Cross-section of any proposed roads.
(ix) Location of existing drainage courses, floodplains, lakes and streams, with elevations.
(x) Location of existing and proposed interior sidewalks and sidewalks in the right-of-way.
(xi) Exterior lighting locations and method of shielding lights from shining off site.
(xii) Trash receptacles locations and method of screening, if applicable.
(xiii) Transformer pad location and method of screening, if applicable.
(xiv) Layout of off-street parking areas and indication of total number of spaces and typical dimensions of spaces.
(xv) Method of surfacing driveways, parking areas, and other vehicle maneuvering areas.
(xvi) Information needed to calculate required parking in accordance with Zoning Ordinance standards.
(xvii) The location of lawns and landscaped areas, including required landscaped greenbelts.
(xviii) Landscape plan, including location, spacing and types of shrubs, trees, and other live plant material.
(xix) Location, sizes, and types of existing trees five inches or greater in diameter, measured at one foot off the ground, before and after proposed development.
(xx) Tree replacement plan.
(xxi) Cross-section of proposed berms.
(xxii) Location and description of all easements for public rights-of-way, utilities, access, shared access, and drainage.
(xxiii) Designation of fire lanes.
(xxiv) Loading/unloading area.
(xxv) The location of any outdoor storage of materials and the manner by which it will be screened.
(d) Building and Structure Details.
(i) Location, height, and outside dimensions of all proposed buildings or structures.
(ii) Indication of the number of stores and number of commercial or office units contained in the building.
(iii) Building floor plans.
(iv) Total floor area.
(v) Location, size, height, and lighting of all proposed signs.
(vi) Proposed fences and walls, including typical cross-section and height above the ground on both sides.
(vii) Building facade elevations, drawn to a scale of one inch equals four feet, or another scale approved by the Administrative Official and adequate to determine compliance with the requirements of this Ordinance. Elevations of proposed buildings shall indicate type of building materials, roof design, projections, canopies, awnings and overhangs, screen walls and accessory buildings, and any outdoor or roof-located mechanical equipment, such as air conditioning units, heating units, and transformers.
(e) Information Concerning Utilities, Drainage, and Related Issues.
(i) Schematic layout of existing and proposed sanitary sewers and septic systems; water mains, well sites, and water service leads; hydrants that would be used by public safety personnel to serve the site; storm sewers and drainage facilities, including the location of retention/detention facilities; and, the location of gas, electric, and telephone lines.
(ii) Indication of site grading and drainage patterns.
(iii) Types of soils and location of floodplains and wetlands, if applicable.
(iv) Soil erosion and sedimentation control measures.
(v) Proposed finish grades on the site, including the finish grades of all buildings, driveways, walkways, and parking lots.
(vi) Assessment of potential impacts from the use, processing, or movement of hazardous materials or chemicals, if applicable.
(f) Information Applicable to Multiple-Family Residential Development.
(i) The number and location of each type of residential unit (one bedroom units, two bedroom units, etc.).
(ii) Density calculations by type of residential unit (dwelling units per acre).
(iii) Lot coverage calculations.
(iv) Floor plans of typical buildings with square feet of floor area.
(v) Garage and carport locations and details, if proposed.
(vi) Pedestrian circulation system.
(vii) Location and names of roads and internal drives.
(viii) Community building location, dimensions, floor plans, and facade elevations, if applicable.
(ix) Swimming pool fencing detail, including height and type of fence, if applicable.
(x) Location and size of recreation open areas.
(xi) Indications of type of recreation facilities proposed for recreation area.
(xii) Colored rendering of typical building.
(g) Information Applicable to Commercial and Industrial Development.
(i) Type of commercial or industrial use being proposed.
(ii) Indication of the estimated number of employees.
(h) Non-Applicable Items. If any of the items listed are not applicable to a particular site, the site plan shall provide a list of each item considered not applicable, and the reason(s) why each listed item is not considered applicable.
(i) Other Required Data. Other data may be required if deemed necessary by administrative officials or the Commission to determine compliance with the provisions in this Ordinance. Such information may include traffic studies, market analysis, environmental assessments, condominium documents, and evaluation of the demand on public facilities and services.
1180.19 SITE PLAN APPROVAL STANDARDS.
The following criteria shall be used as a basis upon which site plans will be reviewed and approved, approved with conditions, or denied:
(a) Adequacy of Information and Compliance with Ordinance Requirements. The site plan includes all required information in a complete and understandable form that provides an accurate description of the proposed uses, structures and site improvements. The site plan complies with all applicable Ordinance requirements, including but not limited to minimum floor space, height of building, lot size, yard space and density.
(b) Site Design Characteristics. All elements of the site design are harmoniously and efficiently organized in relation to topography, parcel configuration, adjacent properties, traffic operations, adjacent streets and driveways, pedestrian access, and the type and size of buildings. The site is designed in a manner that promotes the normal and orderly development of surrounding property for uses permitted by this Ordinance.
(c) Site Appearance and Coordination. Site elements are designed and located so that the proposed development is aesthetically pleasing and harmonious with adjacent existing or future developments. All site features, including vehicle and pedestrian circulation, building orientation, landscaping, lighting, utilities, recreation facilities, and open space are harmonious and coordinated with adjacent properties.
(d) Preservation of Site Features. The site design preserves and conserves natural, cultural, historical and architectural site features, including but not limited to architecturally or historically significant buildings, archeological sites, wetlands, topography, tree-rows and hedgerows, wooded areas and significant individual trees.
(e) Pedestrian Access and Circulation. The arrangement of public or common ways for pedestrian circulation connects to existing or planned sidewalks or bicycle pathways in the area, and is insulated as completely as possible from the vehicular circulation system. The site design complies with applicable federal, state, and local laws and regulations regarding barrier-free access.
(f) Vehicular Access and Circulation. Drives, streets, parking, site access and other vehicle-related elements are designed to minimize traffic conflicts on adjacent streets and promote safe and efficient traffic circulation within the site.
(g) Building Design and Architecture. Building design and architecture relate to and are harmonious with the surrounding neighborhood with regard to texture, scale, mass, proportion, materials and color.
(h) Parking and Loading. Off-street parking lots and loading zones are arranged, located and designed to accommodate the intensity of proposed uses, minimize conflicts with adjacent uses, enhance the character of the neighborhood, and promote shared-use of common facilities by adjoining properties.
(i) Landscaping and Screening. Landscaping and screening are provided in a manner that adequately buffers adjacent land uses and screens off-street parking, mechanical appurtenances, loading and unloading areas and storage areas from adjacent residential areas and public rights-of-way.
(j) Exterior Lighting. All exterior lighting fixtures are designed, arranged and shielded to minimize glare and light trespass, prevent night blindness and vision impairments, and maximize security.
(k) Impact upon Public Services. The impact upon public services will not exceed the existing or planned capacity of such services, and adequate public services (including but not limited to utilities (water, sanitary & storm sewers, county drains, natural gas, electricity and telephone), streets, police and fire protection, public schools and sidewalks/bicycle paths) are available or provided to the site, and are designed with sufficient capacity and durability to properly serve the development.
(l) Drainage and Soil Erosion. Drainage systems, stormwater facilities, and soil erosion, sedimentation and dust control measures are arranged, located and designed to promote shared-use of common facilities by adjoining properties. Adjoining properties, public rights-of-way and the capacity of the public storm drainage system will not be adversely affected by stormwater runoff and sedimentation.
(m) Emergency Access and Vulnerability to Hazards. All sites and buildings are designed to allow convenient and direct emergency access, and the level of vulnerability to injury or loss from incidents involving hazardous materials or processes will not exceed the City’s emergency response capabilities.
1180.20 DEVELOPMENT AND MAINTENANCE IN ACCORDANCE WITH AN APPROVED SITE PLAN.
It shall be the responsibility of the owner of the property for which site plan approval has been granted to develop, improve and maintain the site, including the use, buildings and all site elements in accordance with the approved site plan and all conditions of approval, until the property is razed or a new site plan is approved. Failure to comply with the provisions of this Section shall be a violation of this Ordinance and shall be subject to the same penalties appropriate for a use violation. The Administrative Official shall make periodic investigations of developments for which site plans have been approved. Noncompliance with the requirements and conditions of the approved site plan shall constitute grounds for the Commission to rescind site plan approval.
1180.21 CONDITIONAL USE REGULATIONS.
(a) Intent. The procedures and standards in this Section are intended to provide a consistent and uniform method for review of conditional use proposals. Conditional uses are uses, either public or private, which possess unique characteristics and therefore cannot be properly classified as permitted uses in a particular zoning district. These review procedures and standards are intended to accomplish the following purposes:
(i) Ensure full compliance with the standards contained in this Ordinance and other applicable local ordinances, and state and federal laws.
(ii) Achieve efficient use of the land.
(iii) Prevent adverse impact on adjoining or nearby properties.
(iv) Protect natural resources.
(v) Facilitate development in accordance with the City’s land use objectives.
(b) Procedures and Requirements. Conditional use applications shall be submitted in accordance with the following procedures and requirements, which provide for review and action by the Commission. Although a site plan must be submitted with a conditional use application, approval of the conditional use is required prior to site plan approval.
(i) Applicant Eligibility. The application shall be submitted by the owner of an interest in land for which conditional use approval is sought, or by the owner’s designated agent. The applicant or a designated representative should be present at all scheduled review meetings or consideration of the proposal may be tabled.
(ii) Application Forms and Documentation. The application for conditional use shall be made on the forms and according to the guidelines in this Ordinance, as provided by the Administrative Official.
(iii) Application Data Requirements. A site plan shall be submitted with the conditional use application. In addition, the applicant shall complete any forms and supply any other data that may be required by the Commission or City staff to make the determination required, herein. The applicant shall provide all necessary written or graphic materials to document compliance with the standards set forth in this Ordinance, and other regulatory guidelines specified for particular conditional uses elsewhere in this Ordinance.
(iv) Site Plan Preparation. The site plan shall be prepared in the manner specified in this Ordinance and on the conditional use application form. A site plan which does not meet the stipulated requirements shall be considered incomplete and shall therefore not be subject to formal review.
(v) Submission of a Completed Plan. The conditional use application materials, required fees, and 12 copies of the completed site plan shall be submitted to the Administrative Official for review.
(vi) Review by the City Officials. The Administrative Official and other appropriate City officials shall review the site plan and application materials, and prepare a written review, which shall specify any deficiencies in the site plan and application and make recommendations as appropriate.
(vii) Submission of a Revised Plan and Conditional Use Application. The applicant shall revise the site plan and application materials, based on the recommendations set forth in the Administrative Official’s review. The applicant shall then submit 12 copies of the revised plan for further review by staff and the Commission.
(viii) Commission Consideration. After all application materials have been received and review fees paid, the application shall be reviewed in accordance with following procedures:
(1) Acceptance for Processing. The application shall be placed on the agenda of the next available scheduled Commission meeting and a public hearing shall be scheduled.
(2) Public Hearing. Notice of the public hearing shall be published in a newspaper of general circulation in the City, and sent by mail or personal delivery to the owners of property for which conditional use approval is being considered, and to all owners of property adjacent to and directly across the street from the property in question.
(3) Commission Review. Following the public hearing, but not necessarily at the same meeting, the conditional use proposal and plan shall be reviewed by the Commission, based on the standards and regulations in this Section.
(4) Plan Revision. If the Commission determines that revisions are necessary to bring the conditional use proposal into compliance with applicable standards and regulations, the applicant shall be given the opportunity to submit a revised application and site plan. Following submission of revised application materials, the conditional use proposal shall be placed on the agenda of the next available scheduled meeting of the Commission for further review and possible action.
(ix) Commission Determination. The Commission shall review the application for conditional use, together with the public hearing findings and reports and recommendations from the Administrative Official, City Planner, City Engineer, public safety officials, and other reviewing agencies. The Commission shall then make a determination on the conditional use application, based on the requirements and standards of this Ordinance. The Commission may approve, approve with conditions, or deny a conditional use request as follows:
(1) Approval. Upon determination by the Commission that the final plan for conditional use is in compliance with the standards and requirements of this Ordinance and other applicable ordinances and laws, approval shall be granted.
(2) Approval with Conditions. The Commission may impose reasonable conditions with the approval of a conditional use proposal, to the extent authorized by law. Conditions imposed shall meet all of the following requirements:
(a) Conditions shall be designed to protect natural resources, the health, safety, and welfare and the social and economic well- being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
(b) Conditions shall be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
(c) Conditions shall be necessary to meet the intent and purpose of this Ordinance, related to the standards established in this Ordinance for the land use or activity under consideration, and necessary to insure compliance with those standards.
(3) Denial. Upon determination by the Commission that a conditional use proposal does not comply with the standards and regulations set forth in this Ordinance, or otherwise would be injurious to the public health, safety, welfare, and orderly development of the City, the conditional use proposal shall be denied.
(x) Recording of Commission Action. Each action taken with respect to a conditional use shall be duly recorded in the minutes of the Commission. The minutes shall record the findings of fact relative to each conditional use proposal, the grounds for the action taken, and any conditions imposed in conjunction with approval.
(xi) Effect of Approval. Upon approval, a conditional use shall be deemed a conforming use permitted in the district in which it is proposed, subject to any conditions imposed and final approval of the site plan. Such approval shall affect only the lot or portion thereof on which the proposed use is located.
(xii) Board Authority. The Board shall not have the authority to consider an appeal of a decision by the Commission concerning a conditional use proposal.
(xiii) Application for a Building Permit. Prior to issuance of a building permit, the applicant shall submit proof of the following:
(1) Final approval of the conditional use application.
(2) Final approval of the site plan.
(3) Final approval of the engineering plans.
(4) Acquisition of all other applicable City, county, or state permits.
(xiv) Expiration of Conditional Use Approval. If construction has not commenced within 24 months of final approval, the approval becomes null and void and a new application for conditional use shall be required. Upon written request from the applicant, a 12 month extension may be granted by the Commission, if it finds that the approved conditional use application and site plan adequately represent current conditions on and surrounding the site. The written request for extension must be received prior to the site plan expiration date or a new application for conditional use review will be required.
(xv) Revocation of Conditional Use Approval. Approval of a conditional use proposal and site plan may be revoked by the Commission if construction is not in conformance with the approved plans. In such a case, the Administrative Official shall ask that the conditional use proposal be placed on the agenda of the Commission. Written notice shall be provided to the applicant at least five days prior to the meeting at which the case will be considered. The applicant shall be given the opportunity to present information and to answer questions. The Commission, as appropriate, may revoke approval if it finds that a violation exists and has not been remedied prior to the hearing.
(xvi) Performance Guarantee. The Commission may require that a performance guarantee be deposited with the City to ensure faithful completion of the improvements. Improvements that shall be covered by the performance guarantee include, but are not necessarily limited to: landscaping, open space improvements, streets, lighting, and sidewalks. The performance guarantee shall comply with the requirements outlined in this Ordinance.
(c) Standards for Granting Conditional Use Approval. Approval of a conditional use proposal shall be based on the determination that the proposed use will comply with all applicable requirements of this Ordinance, including site plan review criteria set forth for applicable site development standards for specific uses set forth elsewhere in this Ordinance, and the following standards:
(i) Compatibility with Adjacent Uses. The proposed conditional use shall be designed, constructed, operated and maintained to be compatible with uses on surrounding land. The site design shall minimize the impact of site activity on surrounding properties. In determining whether this requirement has been met, consideration shall be given to:
(1) The location and screening of vehicular circulation and parking areas in relation to surrounding development.
(2) The location and screening of outdoor storage, outdoor activity or work areas, and mechanical equipment in relation to surrounding development.
(3) The hours of operation of the proposed use. Approval of a conditional use may be conditioned upon operation within specified hours considered appropriate to ensure minimal impact on surrounding uses.
(4) The bulk, placement, and materials of construction of the proposed use in relation to surrounding uses.
(ii) Compatibility with the Comprehensive Land Use Plan. The proposed conditional use shall be consistent with the general principles and objectives of the Comprehensive Land Use Plan.
(iii) Compliance with Applicable Regulations. The proposed conditional use shall be in compliance with all applicable federal, state, and local laws and ordinances.
(iv) Use of Adjacent Property. The proposed conditional use shall not interfere with the use and enjoyment of adjacent property.
(v) Public Services. The proposed conditional use shall not exceed the capacity of existing and available public services, including but not necessarily limited to utilities, public roads, police and fire protection services, and educational services, unless the project proposal contains an acceptable plan for providing necessary services or evidence that such services will be available by the time the conditional use is completed.
(vi) Impact of Traffic. The location of the proposed conditional use shall, within the zoning district, minimize the impact of traffic generated by the proposed use. In determining whether this requirement has been met, consideration shall be given to the following:
(1) Proximity and access to major thoroughfares.
(2) Estimated traffic generated by the proposed use.
(3) Proximity and relation to intersections.
(4) Adequacy of driver sight distances.
(5) Location of and access to off-street parking.
(6) Required vehicular turning movements.
(7) Provision of pedestrian traffic.
(vii) Enhancement of Surrounding Environment. The proposed conditional use shall provide the maximum feasible enhancement of the surrounding environment, and shall not unreasonably interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value. In determining whether this requirement has been met, consideration shall be given to:
(1) The provision of landscaping and other site amenities. Provision of additional landscaping over and above the specific requirements of this Ordinance may be required as a condition of approval of a conditional use.
(2) The bulk, placement, and materials of construction of proposed structures in relation to surrounding uses.
(viii) Impact on Public Health, Safety, and Welfare. The proposed conditional use shall not involve any activities, processes, materials, equipment, or conditions of operation, and shall not be located or designed in a manner that is detrimental to public health, safety, and welfare. In determining whether this requirement has been met, consideration shall be given to the production of traffic, noise, vibration, smoke, fumes, odors, dust, glare, and light.
(ix) Isolation of Existing Uses. The location of the proposed conditional use shall not result in a small residential area being substantially surrounded by non-residential development, and further, the location of the proposed conditional use shall not result in a small non-residential area being substantially surrounded by incompatible uses.
(x) Need for the Proposed Use. The Commission shall find that a need for the proposed use exists in the community at the time the proposal is considered.
1180.22 VARIANCES AND APPEALS.
(a) Intent. The purpose of this Section is to provide guidelines and standards to be followed by the Board, or the Commission where applicable, in considering requests for variances and appeals, where the jurisdiction of the Board, or the Commission where applicable, has been established by these regulations or by the Revised Code.
(b) Purpose of Variances and Appeals.
(i) Appeals. Generally, an appeal may be taken to the Board by a person, or by any office, department, board, or bureau aggrieved by a decision of any administrative or enforcement official or body charged with enforcement of this Ordinance. An appeal must be filed within 14 days of issuance of the applicable written decision, and such appeal shall be made on forms made available by the Administrative Official.
(ii) Variances. Where there are “practical difficulties” (for area variances), “unnecessary hardships” (for use variances), “particular hardships” (for sign variances) or “unusual or exceptional factors” (for subdivision variances) preventing a property owner from conforming with the strict letter of this Ordinance, the Board, or the Commission where applicable, shall have the power to authorize variances from the standards in this Ordinance, with such conditions and safeguards as it may determine to be necessary so that the spirit of this Ordinance is observed, public safety secured, and substantial justice done.
(c) Stay of Proceedings. An appeal to the Board, or the Commission where applicable, shall stay enforcement proceedings in furtherance of the appealed action, unless the Administrative Official certifies to the Board, or the Commission where applicable, that by reason of the facts stated in the appeal, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed other than by an injunction granted by the Court of Common Pleas. A stay of proceedings shall not stay the City’s authority to issue a stop work order on a project that may be in progress and being performed in a manner that is not in conformance with applicable ordinances and regulations. Also, it shall not stay a project when the appeal is brought by a third-party contesting the issuance of a permit.
(d) Application to the Board, or the Commission where applicable. Variances and appeals for which Board, or Commission where applicable, action is sought shall be commenced by a person filing an application to the Board, or the Commission where applicable, on forms as specified by the Administrative Official and accompanied by required fees. The application shall specify the grounds upon which the appeal is based and shall contain a notarized signature of the property owner or owner’s agent. Applications involving a request for a variance shall specify the section number(s) containing the standards from which a variance is sought and the nature and extent of such variance.
(e) Plot Plan Requirements. Applications involving a specific site shall be accompanied by a plot plan drawn to scale that includes the following information, where applicable:
(i) Applicant’s name, address, and telephone number.
(ii) Property tax identification number, scale, northpoint, and dates of submission and revisions.
(iii) Zoning classification of petitioner’s parcel and all abutting parcels.
(iv) Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 50 feet of the site.
(v) For variances requested from any dimensional standard of this Ordinance, the plot plan shall include verified measurements of existing conditions and the proposed dimensions or calculations regarding the specific standards from which the variance is sought.
(vi) Any additional information required by the Administrative Official or the Board to make the determination requested herein.
Where an application to the Board involves a variance sought in conjunction with a site plan review by the Commission, the application data requirements for site plan review as set forth in this Ordinance shall be followed.
(f) Review by the Board. The Administrative Official shall forward the application, along with any supporting materials and plans to the Board. The Administrative Official or the Board, or the Commission where applicable, shall fix a reasonable time for the hearing of the appeal or variance. Notice of the public hearing shall be published in a newspaper of general circulation in the City, and sent by mail or personal delivery to the owners of property for which conditional use approval is being considered, and to all owners of property adjacent to and directly across the street from the property in question. At the hearing, a party may appear in person or by agent or by attorney.
(g) Decision by the Board, or the Commission where applicable. The concurring vote of three members of the Board shall be necessary to reverse an order, requirement, decision, or determination of the administrative official or body, or to decide in favor of the applicant any matter upon which they are required to pass under, or to effect any variation in an ordinance adopted pursuant to the Revised Code. The concurring vote of a majority of those Commission members present at any meeting shall be necessary to effect any variation in an ordinance adopted pursuant to the Revised Code. The Board, or the Commission where applicable, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, in accordance with the guidelines set forth herein. To that end, the Board, or the Commission where applicable, shall have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit. With an affirmative decision, the Board, or the Commission where applicable, may impose conditions. The decision of the Board, or the Commission where applicable, shall be final, but the City with approval by the Council or any person having an interest affected by a decision of the Board, or the Commission where applicable, may appeal to the Court of Common Pleas, and to any Court of final jurisdiction.
(h) Record of Decision and Order. The Board, or the Commission where applicable, shall prepare and retain a record of each appeal, and shall base its decision on this record. This record shall include:
(i) The relevant administrative records and the administrative orders issued thereon relating to the appeal.
(ii) The notice of the appeal.
(iii) Such documents, exhibits, plans, photographs, or written reports as may be submitted to the Board for its consideration.
The written findings of fact, the decisions, and the conditions imposed by the Board, or the Commission where applicable, in acting on the appeal shall be entered into the official record, after being signed by the Secretary of the Board, or the Commission where applicable.
(i) Approval Period. If construction has not commenced within 24 months after the Board grants a variance to permit the erection or alteration of a building, then the variance becomes null and void. If construction has not commenced within 24 months after the Commission grants a variance to permit the construction of a subdivision, then the variance becomes null and void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan or subdivision for which approval has been extended by the Commission.
(Ord. 35-07. Passed 3-19-07.)
(j) Standards for Variances and Appeals. Variances and appeals shall be granted only in accordance with and based on the findings set forth in this Section. The burden of proof for variances and appeals shall be upon the applicant. The extent to which the following factors, standards, and criteria apply to a specific case shall be determined by the Board, or the Commission where applicable.
(i) Factors Applicable to Area Variances (“practical difficulties”). The applicant shall show by a preponderance of the evidence that the variance is justified, as determined by the Board, or the Commission where applicable. The Board, or the Commission where applicable, shall weigh the following factors to determine whether an area variance should be granted:
(Ord. 45-09. Passed 9-8-09.)
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is insubstantial;
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
(4) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
(5) Whether the property owner purchased the property with knowledge of the zoning restrictions;
(6) Whether the property owner’s predicament feasibly can be obviated through some method other than a variance; and/or
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.
(ii) Standards Applicable to Use Variances (“unnecessary hardships”). The applicant shall demonstrate by clear and convincing evidence that all of the following standards have been met in order to justify the granting of a use variance, as determined by the Board:
(1) The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
(2) The hardship condition is not created by actions of the applicant;
(3) The granting of the variance will not adversely affect the rights of adjacent owners;
(4) The granting of the variance will not adversely affect the public health, safety or general welfare;
(5) The variance will be consistent with the general spirit and intent of this Ordinance;
(6) The variance sought is the minimum which will afford relief to the applicant; and
(7) There is no other economically viable use which is permitted in the zoning district.
(iii) Criteria Applicable to Sign Variances (“particular hardships”). The applicant shall demonstrate by clear and convincing evidence that all of the following standards have been met in order to justify the granting of a sign variance, as determined by the Board:
(1) The granting of the requested variance would not be detrimental to the property owners in the vicinity;
(2) Hardship caused the sign user under a literal interpretation of this Ordinance is due to conditions unique to the property and does not apply generally to the City. The hardship cannot be created by prior actions or inactions of the applicant;
(3) The granting of the variance would not be contrary to the general objectives of this Ordinance; and
(4) The granting of the variance shall be for the minimum required to offset the hardship.
(Ord. 35-07. Passed 3-19-07.)
(iv) Criteria Applicable to Subdivision Variances (“unusual or exceptional factors”). The applicant shall demonstrate by clear and convincing evidence that all of the following standards have been met in order to justify the granting of a subdivision variance (from Chapter 1136, 1164, 1166 or 1168), as determined by the Commission:
(Ord. 45-09. Passed 9-8-09.)
(1) Unusual topographical or exceptional physical conditions exist;
(2) Strict compliance with the requirement should create an extra hardship in the face of the exceptional conditions;
(3) The variance sought is the minimum which will remove the extraordinary hardship; and
(4) The variance will not be detrimental to the public interest or in conflict with the intent and purposes of this Ordinance.
(v) Criteria Applicable to Appeals. The Board shall reverse an order of a zoning official only if it finds that the action or decision appealed:
(1) Was arbitrary or capricious; or
(2) Was based on an erroneous finding of a material fact; or
(3) Was based on erroneous interpretation of this Ordinance or zoning law; or
(4) Constituted an abuse of discretion.
1180.23 AMENDMENTS.
(a) Initiation of Amendment. The Council may from time to time, at its own initiative or upon recommendation from the Commission or on petition, amend, supplement, or change the district boundaries or the regulations herein, pursuant to the authority and procedures set forth in the Revised Code. Text amendments may be proposed by any governmental body or any interested person or organization. Changes in district boundaries may be proposed by any governmental body, any person having a freehold interest in the subject property, or by the designated agent of a person having a freehold interest in the property.
(b) Application for Amendment. A petition for an amendment to the text of this Ordinance or an amendment to change the zoning classification of a particular property shall be commenced by filing a petition with the Administrative Official, on the forms and accompanied by the fees specified. The petition shall explicitly describe the proposed amendment and shall be signed by the applicant. Petitions for rezoning of a specific site shall be accompanied by a plot plan or survey. All applications shall contain the following information, where applicable:
(i) One completed and signed copy of an application for Commission Review;
(ii) 20 individually folded copies of the plot plan;
(iii) Completed and signed checklist;
(iv) One 8-1/2 by 11 inch size, or 11 by 17 inch size, reduced copy of plot plan;
(v) Applicant’s name, address, and telephone number;
(vi) Scale, northpoint, and dates of submission and revisions;
(vii) Zoning classification of petitioner’s parcel and all abutting parcels;
(viii) Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within 100 feet of the site;
(ix) Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys;
(x) Location of existing drainage courses, floodplains, lakes and streams, and woodlots;
(xi) All existing and proposed easements;
(xii) Location of sanitary sewer systems, existing and proposed;
(xiii) Location and size of water mains and building service leads, existing and proposed;
(xiv) Two sets of addressed, stamped envelopes for owners and occupants of each parcel adjacent to and across all streets from the site; and
(xv) The required review fee.
After the completed petition and all required supporting materials have been received and fees paid, the petition shall be reviewed in accordance with the following procedures.
(c) Commission Review. The petition shall be placed on the agenda of the next regularly scheduled meeting of the Commission. The Commission shall review the petition for amendment in accordance with the procedures set forth in the Revised Code.
(d) Action by the Commission and Council. The Commission shall make written findings of fact which it shall transmit together with comments received and its recommendations to the Council. The Council shall hold a public hearing in accordance with procedures set forth in the Revised Code. The Council may by majority vote of its membership:
(i) Adopt the proposed amendment.
(ii) Reject the proposed amendment.
(iii) Refer the proposed amendment back to the Commission for further recommendation within a specified time period. Thereafter, the Council may either adopt (with or without recommended revisions), or reject the amendment.
(e) Reconsideration of a Proposed Amendment. No application for a map amendment which has been denied by the Council shall be reconsidered unless there have been changes in the facts, evidence, and/or conditions in the case. Determination of whether there have been such changes shall be made by the Commission at the time the application is submitted for processing.
(f) Review Considerations. The Commission and Council shall, at minimum, consider the following before taking action on any proposed amendment:
(i) Will the proposed amendment be in accordance with the basic intent and purpose of the Zoning Ordinance?
(ii) Will the proposed amendment further the long range planning goals of the City?
(iii) Have conditions changed since the Zoning Ordinance was adopted, or was there a mistake in the Zoning Ordinance, that justify the amendment?
(iv) Will the amendment correct an inequitable situation created by the Zoning Ordinance, rather than merely grant special privileges?
(v) Will the amendment result in unlawful exclusionary zoning?
(vi) Will the amendment set an inappropriate precedent, resulting in the need to correct future planning mistakes?
(vii) If a rezoning is requested, is the proposed zoning consistent with the zoning classification of surrounding land?
(viii) If a rezoning is requested, could all requirements in the proposed zoning classification be complied with on the subject parcel?
(g) Record of Amendment Adoption. A record of all amendments approved by the Council shall be maintained by the City. A master Zoning Map shall be maintained by the Administrative Official, which shall identify all map amendments by number and date.
1180.24 PERMITS AND CERTIFICATES.
(a) Permit Required. A building permit or other appropriate permit shall be required as follows:
(i) Prior to the erection, alteration, repair, renovation, demolition, or removal of any building or structure.
(ii) Prior to the installation, extension, or replacement of plumbing, electrical, drainage, or similar utility systems.
(iii) Prior to the establishment of a new use, whether the land is currently vacant or if a change in land use is proposed.
(iv) Prior to any change in use of an existing building or structure to a different class or type.
(b) Permit Application Requirements. No permit shall be issued for construction, alteration, or remodeling of any building or structure until an application has been submitted, showing that the proposed improvements conform with the provisions of this Ordinance and with the Building Code. Applications for permits required by this Section shall be filed with the Administrative Official on forms prescribed by that Official. Each application shall be accompanied by a written explanation of the proposed improvements, and, if applicable, a plan of the site drawn to scale. Submitted plans shall be of sufficient detail for the Official to determine whether the proposed improvements conform with this Ordinance, the Building Code, and other applicable laws and ordinances. A site plan submitted and approved by the Commission in accordance with this Ordinance shall satisfy the requirements of this Section. At a minimum, the applicant must supply the following information:
(i) The location, dimensions and parcel tax identification number of the land parcel.
(ii) Existing buildings or structures, plus the shape, size, and location of all buildings or structures to be erected, altered, or moved.
(iii) The existing and intended use of the parcel.
(iv) On residential parcels, the number of dwelling units contained within each building.
(v) The name and address of all persons having an ownership interest in the premises upon which the improvements are proposed, together with a written statement from all such persons indicating knowledge of and agreement with the proposal.
(vi) All information required by the Building Code.
(vii) Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of these regulations will be complied with.
(c) Conformity with Applicable Ordinances and Approved Plans. A building permit shall be issued only if, after thorough inspection of the application materials and plans, the Administrative Official finds that the proposal conforms with this Ordinance, other applicable adopted City ordinances, and other applicable laws and ordinances, except where the Administrative Official receives written notice of a variance having been granted by the Board. A building permit issued on the basis of a site plan approved by the Commission shall incorporate full compliance with the approved site plan as a condition of the issuance of the permit. Modifications to an approved site plan shall be in compliance with these regulations. Use, layout, or construction at variance with approved plans or application materials shall be deemed in violation of these regulations, and subject to penalties in accordance with provisions outlined in this Ordinance.
(d) Expiration of Permits. A building permit issued pursuant to the provisions of this Ordinance shall be consistent with the procedures stated within the Building Code. Expiration and notification requirements of the applicable code shall be followed.
(e) Inspection of Completed Work. The holder of any building permit issued pursuant to the requirements in this Section shall notify the Administrative Official for a final inspection and request a certificate of occupancy upon completion of the work authorized by the permit and prior to occupancy.
(f) Certificates of Occupancy. A certificate of occupancy shall be required prior to occupancy or re-occupancy of any use of land, building or structure. It shall be unlawful for any person, firm or corporation to hereafter occupy or re-occupy or for any owner or agent thereof to permit the occupation or re-occupation of any building or addition thereto, or part thereof, for residential purpose until a certificate of occupancy has been issued by the Administrative Official. The following guidelines shall apply to certificates of occupancy.
(g) Purpose of Certificates. The purpose of a certificate of occupancy is to permit the occupancy or use of land, buildings, or structures. The certificate of occupancy can be issued only upon the determination by the Administrative Official that the site is in compliance with the provisions of this Ordinance, the Building Code, adopted City engineering standards, and that all outstanding City fees or other charges have been paid.
(h) Certificates for New and Existing Buildings. Certificates of occupancy shall be issued for new or existing buildings or structures, or parts thereof, or for existing or new uses of land if, after inspection, the Administrative Official finds that any alterations, extensions, repairs, or new construction have been completed in conformity with the provisions of this Ordinance and other City regulations, and that provided further that the proposed use is fully in compliance with this Ordinance. Failure to obtain a certificate of occupancy prior to commencing the use of property shall constitute a violation of this Ordinance, subject to the penalties as outlined herein.
(i) Temporary Certificates. A temporary certificate of occupancy may be issued by the Administrative Official, for a portion of a building or structure prior to occupancy of the entire building or structure, provided that such portion of the building, structure, or premises is in conformity with the provisions of this Ordinance and other applicable regulations of the City, and provided further that no threat to public safety exists. A performance guarantee may be required in accordance with provisions outlined in this Ordinance as a condition of obtaining a temporary certificate. No temporary certificate of occupancy shall be granted for a period in excess of six months. The date of expiration shall be indicated on the temporary certificate; failure to obtain a final certificate of occupancy within the specified time shall constitute a violation of this Ordinance, subject to the penalties as outlined herein.
(j) Certificates for Accessory Buildings to Dwellings. Buildings and structures that are accessory to a dwelling shall not require a separate certificate of occupancy, but may be included in the certificate of occupancy for the principal use on the same parcel, provided the accessory buildings or uses are shown on the plot plan and are completed at the same time as the principal use.
(k) Period of Validity. A final certificate of occupancy shall remain in effect for the life of the building or structure, or part thereof, as long as the specific operation conducted within the building or structure or use of the land continues. A certificate of occupancy shall be required of any new occupant upon a change in occupancy of the building, structure, or land.
(l) Records of Certificates. A record of all certificates of occupancy shall be kept in the office of the Administrative Official. Copies of such certificates shall be furnished upon request to a person or persons having a propriety or tenancy interest in the property.
(m) Application Requirements. An application for a certificate of occupancy shall be made on forms supplied by the Administrative Official and must be accompanied by the fees specified. A certificate of occupancy may be processed concurrently with an application for a building permit, if a building permit is required. The Administrative Official shall determine if a non-residential occupancy change requires site plan review and approval by the Commission pursuant to this Ordinance.
(n) Issuance of Certificate. The Administrative Official shall inspect a building or structure within 15 working days after notification by an applicant of the completion of a building or structure or other improvements. The Administrative Official shall issue a certificate of occupancy upon finding that the building or structure, or part thereof, or the use of land conforms with an approved site plan and the provisions of this Ordinance. If the request for a certificate of occupancy is denied, the applicant shall be notified in writing of the denial and the reasons for denial.
1180.25 FEES.
Any application for an amendment to this Ordinance, site plan review, review of a conditional land use proposal, review of a planned development proposal, request for a variance, request for inspection, request for a building or zoning permit, request for a certificate of occupancy, or other request for other action pursuant to the regulations set forth in this Ordinance shall be subject to and accompanied by a fee as established by the Council. Applicants shall pay for all costs relating to review and processing of their applications, including but not limited to inspections, surveying, engineering, recording, and advertising costs for actions requiring public hearings, where applicable. Such fees shall be collected in advance of any reviews, inspections, or issuance of any permits or approvals. Upon notification of deficient payment of fees, the Administrative Official shall cause any permits to be suspended and reject applications for new permits directly associated with the project. The assessment and payment of application fees does not affect the requirements for a performance guarantee as specified in this Ordinance. There shall be no fee in the case of applications filed in the public interest by a municipal department or City official.
1180.26 VIOLATIONS AND PENALTIES.
(a) Public Nuisance. Buildings erected, altered, razed or converted (including tents, mobile homes, and trailer coaches), or uses carried on in violation of any provision of these regulations are hereby declared to be a nuisance per se, and shall be subject to abatement or other action by a court of appropriate jurisdiction.
(b) Violation. Any person, firm, corporation, or agent, or any employee, contractor, or subcontractor of same, who fails to comply with any of the provisions of this Ordinance or any of the regulations adopted in pursuance thereof, or who impedes or interferes with the enforcement of this Ordinance by an enforcement official shall be deemed in violation of this Ordinance.
(c) Penalties. Any violation of these regulations shall constitute a misdemeanor. Any person who is convicted shall be subject to punishment by a fine not exceeding 500 dollars or by imprisonment not exceeding 90 days for each offense, or both, at the discretion of the Court. Each day a violation occurs or continues shall constitute a separate offense. Furthermore, the owner or tenant of any building, structure, premise, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains any violation of these regulations may each be found guilty of a separate offense and may be subject to the penalties provided herein. The cost of prosecution shall also be assessed against the violator. The imposition of any sentence shall not exempt the offense from meeting compliance with the requirements of this Ordinance.
(d) Authority to Pursue Court Action. The Administrative Official is hereby empowered to commence and pursue any and all necessary and appropriate actions or proceedings in the Court of Common Pleas, or any other court having jurisdiction, to restrain or prevent any non-compliance with or violation of any of the provisions of this Ordinance, and to correct, remedy, or abate such noncompliance or violation. Any person aggrieved or adversely affected by such non-compliance or violation including the City may institute suit or join the City in such an action to abate the violation.
(e) Other Remedies. The rights and remedies set forth above shall not preclude the use of other remedies provided by law, including any additional rights of the City to initiate proceedings in an appropriate court of law to restrain or prevent any non-compliance with any provisions of this Ordinance, or to correct, remedy, or abate such non-compliance.
(f) Rights and Remedies Preserved. Any failure or omission to enforce the provisions of this Ordinance, and failure or omission to prosecute any violations of this Ordinance, shall not constitute a waiver of rights and remedies provided by this Ordinance or by law, and shall not constitute a waiver nor prevent further prosecution of violations of this Ordinance.
1180.27 RECORDS.
Permanent and current records of this Ordinance, including but not necessarily limited to, all maps, amendments, variances, appeals, conditional land uses, certificates of occupancy, and related applications, shall be maintained in the office of the City official having jurisdiction. Every rule or regulation, decision, finding of fact, condition of approval, resolution, or other transaction of business of the Commission or Board shall be duly recorded and filed in the public records of the office of the Clerk of Council. A copy of any application, permit, certificate, transcript of a public meeting, or other item of the public record, may be obtained from the appropriate City office upon payment of copying costs.