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Bratenahl City Zoning Code

CHAPTER 1153

Procedures for Development Plan Review for Standard Districts

1153.01 INTENT.

   The zoning procedures set forth in this chapter shall apply to proposed developments in the Standard R-LF, R-1, R-2, R-3, R-4 Residential Districts, O Office, Research and Distribution Districts and NC Neighborhood Commercial Districts, when required pursuant to Section 1153.02. It is the intent that these procedures and the regulations to which they apply are established in order to achieve, among others, the following purposes:
(a)   To provide the procedures which will assist developers in arriving at an approved solution for the design of the site and building in the preliminary planning stage before preparing the final plans;
(b)   To provide methodical administrative procedures for the Planning Commission to review, approve, recommend revisions, or deny approval to development plans;
(c)   To encourage the coordinated development of isolated parcels as well as for contiguous parcels; and
(d)   To provide incentives to coordinate improvements and obtain better maintenance of present buildings and grounds, all according to the Village Plan.
(Ord. 3051. Passed 1-17-01.)
 

1153.02 DEVELOPMENT PLAN REVIEW REQUIRED.

   Review and approval of a preliminary and a final development plan shall be required for the following:
(a)   New construction of all permitted nonresidential uses permitted in Residential Districts, pursuant to Section 1155.02(b).
(b)   New construction of all permitted uses in the Office, Research and Distribution District and Neighborhood Commercial District.
(c)   Any use meeting the criteria of subsections (a) and (b) above, that proposes to alter, reconstruct, or otherwise modify a use or site, including expanding the floor area of the permitted use or changing the use which requires an increase in the amount of parking or a change in the site’s circulation.
(Ord. 3051. Passed 1-17-01.)
 

1153.03 PRELIMINARY CONFERENCE.

   Prior to preparation and submission of preliminary development plans as required by this chapter, the developer or owner of any proposed development, use or structure within any standard zoning district of the Village is encouraged to arrange a preliminary conference with the Planning Commission or its designee. The purpose of such preliminary conference is to establish a mutual understanding of the provisions of this Code and provide an opportunity for the developer to have clarified any questions he may have which apply to the proposed development, use or structure.
(Ord. 3051. Passed 1-17-01.)
 

1153.04 PURPOSE OF PRELIMINARY DEVELOPMENT PLAN.

   A preliminary development plan shall be prepared by the developer or the owner for each proposed development of one parcel or two or more contiguous parcels, including development of the site and construction, reconstruction or external alterations of structures and buildings located, or to be located thereon. The principal purposes of the preliminary plan are to inform the Planning Commission as to the concept and extent of the proposed development, to determine and inform the developer or owner of the provisions of the code which are applicable to planning the development of the property and its relationship to the surroundings, to ascertain if any special development problems are involved, and for review and recommendations by the Commission before the developer or the owner starts the final development plan.
(Ord. 3051. Passed 1-17-01.)
 

1153.05 PROCEDURES FOR PRELIMINARY DEVELOPMENT PLAN REVIEW.

   (a)   Submission Requirements. A written application along with the twelve copies of the preliminary development plan shall be submitted to the Commissioner of Buildings. The preliminary development plan shall disclose all uses proposed for the development, their location, extent and characteristics and shall include, unless parts are not applicable or necessary and are waived by the Commissioner of Buildings for certain types of projects, the following maps, plans, design and supplementary documents:
(1)   Maps of the site showing dimensions, topography, existing trees and landscape features, utilities, buildings to be retained on the site and the building on adjacent lots using a section of the Village 100 foot scale map available at cost or the equivalent;
(2)   Preliminary site development plan showing locations of proposed buildings, driveways, walk, grading and landscape treatment, all related to the surroundings;
(3)   Preliminary design of buildings proposed to be constructed, reconstructed or altered as to size, use or significant change in the external appearance, including floor plans, elevations, texture and color of materials; and
(4)   Other plans, designs and documents as may be found necessary by the Planning Commission.
   The preliminary development plan shall be prepared by a registered architect or engineer or by a registered professional having similar training and experience and who the Commission finds, upon review of the preliminary plans, has satisfactorily performed the required design and planning services. Fees for the review of such applications and the construction permits shall be established in the Building Code.
   (b)   Review for Completeness. The Commissioner shall review the application and proposed plan for completeness pursuant to the submission requirements set forth in this Section. Such application shall not be processed until the necessary items are submitted. When the application is deemed complete by the Commissioner of Buildings, the Commissioner of Buildings shall forward the application to the Village Planner to determine compliance with the numerical requirements of this Zoning Code and the Village Engineer to determine compliance with the subdivision regulations and other engineering and service requirements of the Village.
(1)   If, after review by the Village Planner and Village Engineer, the application is found to be in compliance with all applicable standards, the Commissioner of Buildings shall refer the application to the Planning Commission for their review.
(2)   If the application is found not to be in compliance with the applicable numerical standards, the application shall be denied by the Commissioner of Buildings and returned to the applicant with the reasons for such denial.
   (c)   Planning Commission Review. The Planning Commission shall evaluate the preliminary development plan along with the aforesaid findings at it’s next regular or special meeting and shall determine if the criteria, standards and requirements have been applied in the proposed design and relationship of the buildings, open spaces, driveways, landscaping and other site features so as to produce functional and attractive buildings and site with openness and other amenities and that the intent and purposes of the Village Plan, the Land Planning and Zoning Code and the Improvement Code, are satisfactorily fulfilled. The Commission shall refer the plan to the Architectural and Design Review Board for their review of the plan, in accordance with Section 1153.08. The Commission may also refer to consultants or experts for the review of particular aspects of the plan.
   (d)   Action by the Planning Commission. Based upon the above determinations, the Commission shall, within thirty (30) days from the date of the meeting when all required plans and data have been received, approve the preliminary plans submitted, deny approval or grant approval subject to specific conditions not included in the plans as submitted, such as, but not limited to, improvements to the building design, yard layout, open spaces, on-site control of access to streets or such features as fences, walls and planting to further improve and protect the proposed and surrounding developments. The developer or the owner shall be notified in advance of any meeting of the Commission at which time his plan shall be considered and he may be heard thereon.
   (e)   Preliminary Plan Approved As Final Plan. If the nature or concept of the proposed improvement is relatively simple and uncomplicated and no further development of plans is necessary, the Commission may consider the preliminary plan to be satisfactory as a final plan and approve the plan for immediate issuance of permits for improving the site and constructing the building if otherwise in compliance with this Code and the Building Code.
(Ord. 3051. Passed 1-17-01.)

1153.06 PROCEDURES FOR FINAL DEVELOPMENT PLAN REVIEW.

   (a)   Upon approval of a preliminary plan, the developer or owner may prepare a final development plan of the site and buildings. The final plan shall be prepared by a registered architect or engineer or by a registered professional whom the Planning Commission finds has satisfactorily performed the required services. The final plan shall represent the development and detailing of the approved preliminary plan, resolving any conditions which may have been imposed in the approval, and it shall be in accord with the applicable requirements of this Code.
   (b)   The developer shall submit twelve copies of the final plan and applications for construction permits to the Commissioner of Buildings. All final development applications shall be reviewed and approved in accordance with the procedures set forth in Section 1153.05. Upon approval of the final development plan, the permits for improving the site and constructing the buildings may be approved if otherwise in accordance with this Code and Building Code of the Village.
(Ord. 3051. Passed 1-17-01.)

1153.07 PLAN REVISION; LAPSE OF APPROVAL.

   The final development plan, including the plans of the building, may be revised by the developer and resubmitted to the Planning Commission, which, after a review by the Architectural and Design Review Board, if the Commission so requests, and the Village Planner and Village Engineer, may authorize such revision. Failure to begin the construction of all or a substantial portion of the improvements approved by the final development plan within 180 days after such approval shall render the approval void and of no effect, unless an extension of time is allowed by the Commission.
(Ord. 3051. Passed 1-17-01.)

1153.08 REVIEW REQUIRED BY ARCHITECTURAL AND DESIGN REVIEW BOARD.

   The Architectural and Design Review Board shall evaluate development plan applications subject to design review, pursuant to Sections 1153.05 and 1153.06, in accordance with the review criteria set forth in Section 1117.08. Within twenty (20) days after receiving a development plan application from the Planning Commission, the Architectural and Design Review Board shall review and make a recommendation on the application. The Board shall prepare a report of their recommendations and transmit one copy of the report to the Planning Commission for their review and one copy to the Commissioner of Buildings to be made available for review by the public.
(Ord. 3051. Passed 1-17-01.)

1153.09 REVIEW OF SINGLE-FAMILY DWELLINGS.

   Any new construction or modifications proposed to single-family dwellings, including certain accessory structures, as specified in Schedule 1154.03, shall be subject to the review procedures set forth in Chapter 1154.
(Ord. 3051. Passed 1-17-01.)

1153.10 ADMINISTRATIVE RULES AND PROCEDURES.

   The Planning Commission may adopt and publish rules and procedures to supplement the administrative provisions of this chapter which rules and procedures shall not be inconsistent with any other provisions of this Code.”
(Ord. 3051. Passed 1-17-01.)