This Article outlines the procedures and information necessary to obtain development approvals. It also establishes procedures for the appeal and review of determinations and decisions of the Planning Commission, Board of Architectural Review (BAR) and City Planner.

   A.   The following requirements apply generally throughout this article:

      1.   All applications for Planning Commission or BAR approval will first be reviewed by the City Planner and may be reviewed by the Technical Review Committee (TRC), at the City Planner's discretion. The TRC will only review applications forwarded to it by the City Planner. The City Planner will prepare a report with recommendations and will make a presentation at the Planning Commission, and BAR meetings as appropriate;

      2.   Applications may be reviewed by Planning Commission or BAR in a regularly scheduled work session prior to the Commission's regularly scheduled formal meeting as appropriate; and,

      3.   Unless otherwise indicated within this UDO, all applications for permits or other approvals shall be made to the City Planner or Designee appointed by the City Manager.

   B.   Expiration of Approvals.

      1.   Approvals granted by the City shall expire if the work has not begun within 1 year from the date of approval.

      2.   If the work described in any Zoning Certificate has not been substantially completed within 1 year of the date of issuance thereof, said certificate shall expire and be cancelled by the Zoning Inspector and written notice shall be given to the owner and contractor. Additional work shall not occur until a new Zoning Certificate is issued.

   Where possible, this Section intends to accommodate the simultaneous processing of applications for different permits and approvals which may be required for the same development project in order to make the review process as short as possible. Such possibilities for concurrent filing and processing of applications include, but are not limited to, the following:

      1.   A conditional use along with a Development Plan or Major Site Plan;

      2.   A rezoning along with a petition for annexation; and,

      3.   Preliminary Plat along with a Record Plat per Section 5.09. (Ord. 16-13)

   A.   Clerk of Council to Set Public Hearings

      The City Clerk of Council or his or her designee shall set the time, date, and place for each public hearing.

   B.   Notice of a Public Hearing

      A notice of a public hearing shall include the time, date, place, and a brief summary of the issue to be heard.

   C.   Public Hearing for a Rezoning or Amendment to the Zoning Ordinance

      1.   Planning Commission Public Hearing and Notice:

         a.   Within 10 business days of determining that an application contains all the necessary and required information, the City Clerk of Council shall place the application on a Planning Commission agenda and schedule a public hearing on the proposed amendment.

         b.   Notice of the hearing shall be provided at least once in one or more newspapers of general circulation in the City.

         c.   The notice shall be published at least seven (7) business days before the date of the hearing.

         d.   The notice shall state the time, date, place of the hearing and a brief summary of the proposed amendment. The text of the proposed amendment and maps shall be on file for public examination in the office of the Clerk of Council;

         e.   Rezoning Notice to Property Owners:

            i.   The Clerk of Council shall provide written notice of a public hearing for any rezoning where such application intends to rezone ten (10) or fewer parcels of land as listed on the County Auditor's current tax lists.

            ii.   The public hearing notice shall be provided to all property owners of property within 500 feet of the area proposed to be rezoned. The applicant shall provide a list, based upon the County Auditor's current tax lists, of all property owners within 500 feet of the area proposed to be rezoned.

            iii.   The City Clerk shall send such notice, by first class mail, at least seven (7) business days before the date of the hearing addressed to the owners appearing on the County Auditor's current tax list and to such other list verified by staff.

            iv.   The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation.

      2.   City Council Public Hearing and Notice:

         a.   City Council shall introduce the rezoning or amendment by ordinance after the Planning Commission recommends action to the Council in accordance with Section 5.03 of the Centerville Charter.

         b.   The Clerk of Council shall publish a notice of the public hearing at least 30 days prior to the date of the public hearing.

         c.   The public hearing notice shall be placed in a newspaper of general circulation in the City.

         d.   The notice shall state the time, date, place of the hearing and a brief summary of the proposed amendment. The text of the proposed amendment and/or maps shall be on file for public examination in the office of the Clerk of Council;

         e.   Rezoning Notice to Property Owners:

            i.   The Clerk of Council shall provide written notice of a public hearing for any rezoning where such application intends to rezone ten (10) or fewer parcels of land as listed on the County Auditor's current tax lists.

            ii.   The public hearing notice shall be provided to all property owners of property within 500 feet of the area proposed to be rezoned. The applicant shall provide a list, based upon the County Auditor's current tax lists, of all property owners within 500 feet of the area proposed to be rezoned.

            iii.   The City Clerk shall send such notice, by first class mail, at least twenty (20) days before the date of the hearing addressed to the owners appearing on the County Auditor's current tax list and to such other list(s) verified by staff.

            iv.   The failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation.

   D.   Public Hearing for a Development Plan, Conditional Use, Variance, Appeal, Landmark, or Council Review of a Major Site Plan

      1.   Public Hearing Scheduling: Within 10 business days of determining that an application contains all the necessary and required information, the City Clerk of Council shall place the application on the agenda and schedule a public hearing. All documentation including any maps and plans shall be on file for public examination in the office of the City Planner or Clerk of Council. (Ord. 5-18)

      2.   Notice to Property Owners: Written notice of the public hearing shall be provided to all owners of property within 500 feet of the subject parcel. The notice shall state the time, date, place of the hearing and a brief summary of the proposal. The City Clerk of Council shall send such notice, by first class mail, at least seven (7) business days before the date of the hearing addressed to the owners appearing on the County Auditor's current tax list and to such other list or lists as verified by staff. (Ord. 5-18)

   A.   Definition: Zoning amendments include amendments to the Official Zoning Map and/or to the UDO text. A person, corporation, Planning Commission, or City Council may initiate amendments. The City Planner, Planning Commission and City Council shall review amendments.

   B.   Amendment Process: Amendments may be initiated in one of the following ways:

      1.   By the filing of an application to Planning Commission by the owners or agent of the owner of the property within the area proposed to be affected or changed by said amendment;

      2.   By the adoption of a motion by the Planning Commission; or

      3.   By the adoption of a motion by City Council and referral to the Planning Commission.

      All text and map amendments shall follow the same procedure. City Council initiated text or map amendments shall be referred to Planning Commission for recommendation prior to Council consideration.

   C.   Standards for Approval: The following criteria shall be followed in approving zoning map and text amendments to the UDO (Ord. 17-14):

      1.   That the zoning district classification and use of the land will not materially endanger the public health or safety;   

      2.   That the proposed zoning district classification and use of the land is reasonably necessary for the public health or general welfare, such as by enhancing the successful operation of the surrounding area in its basic community function or by providing an essential service to the community or region;

      3.   That the proposed zoning district classification and use of the land will not substantially injure the value of the abutting property;

      4.   That the proposed zoning district classification and use of the land will be in harmony with the scale, bulk, coverage, density, and character of the area the neighborhood in which it is located;

      5.   That the proposed zoning district classification and use of the land will generally conform with the Centerville Forward Comprehensive Plan and other official plans of the City; (Ord. 15-25)

      6.   That the proposed zoning district classification and use of the land are appropriately located with respect to transportation facilities, utilities, fire and police protection, waste disposal, and similar characteristics; and

      7.   That the proposed zoning district classification and use of the land will not cause undue traffic congestion or create a traffic hazard.

   D.   Amendment Process Steps: Amendments to the UDO text or map shall be submitted according to the following steps:

      1.   Pre-application Meeting: The applicant shall meet with the City Planner prior to submitting an application for an amendment. The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements;

      2.   Preliminary Review by City Planner: Upon receipt of an application, the City Planner shall, within 10 business days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the City Planner shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If it is complete, the City Planner shall forward the application to the members of the TRC, if applicable. A complete application package shall be forwarded to Planning Commission;

      3.   Review by the TRC: The members of the TRC shall review the application and forward comments within five (5) business days to the City Planner, who shall then forward the comments of the TRC to the Planning Commission;

      4.   Public Hearing and Notice: See Article 5.06

      5.   Notice to Property Owners: See Article 5.06

      6.   Planning Commission Public Hearing: The Planning Commission shall review the application at a public hearing and recommend action to the City Council;

      7.   Planning Commission Recommendation: The Planning Commission may recommend that the amendment be approved as requested; approved with modifications by the Planning Commission; or be denied. Planning Commission shall indicate the specific reasons(s) for its recommendation. A recommendation for approval or approval with modifications shall be forwarded to the City Council in ordinance form;

      8.   Notice by City Council and Public Hearing: Following receipt of the recommendation from Planning Commission, the City Council shall introduce the proposed ordinance at a regular or special meeting in accordance with the provisions of the City Charter. The City Clerk shall schedule a public hearing on the proposed amendment; See Article 5.06

      9.   Action by City Council: After the public hearing, the City Council shall adopt by a majority vote of the full membership of City Council the Planning Commission's recommendation; deny the recommendation; or adopt some modification thereof; and,

      10.   Effective Date: The amendment shall be effective 30 days following approval by the City Council unless otherwise indicated by emergency legislation.

   E.   Submittal Requirements: The following information shall be submitted:

      1.   The name(s), parcel address(s), mailing address(s), e-mail address(s) and telephone numbers of the applicant(s), and the property owner(s) or designated agent if other than the applicant(s);

      2.   Legal description of the parcel(s) to be rezoned, drawn by a surveyor registered in the State of Ohio;

      3.   A statement of the reason(s) for the proposed amendment;

      4.   Present use and zoning district;

      5.   Proposed use and zoning district of the subject site plus all parcels within 500 feet;

      6.   A vicinity map at a scale determined by the City Planner showing property lines, existing and proposed zoning, thoroughfares, and such other items as the City Planner may require;

      7.   The applicant shall provide a list (available from the County Auditor's current tax list) of all property owners within 500 feet of the subject property including any property owner located in an adjoining community;

      8.   A statement on the ways in which the proposed amendment relates to the Community Plan;

      9.   The payment of the application fee as established by City Council; and

      10.   Electronic files of all developments, plans, subdivisions and other required information in a format defined by the City Planner.

   F.   Incidental UDO Text Amendments: Incidental amendments to the UDO text may be made by the City Planner or his/her designee without the adoption of a motion by the Planning Commission or City Council provided all of the following criteria are met:

      1.   The incidental amendment(s) do not change, nullify, modify, or alter the explicit or intended meaning of the text;

      2.   The incidental amendment(s) are limited to the correction or removal of misspelled words, duplicative words, misplaced or misused punctuation marks, excessive spacing between lines of text, excessive spacing between individual words, incorrect indentation of lines of text, pagination errors, incorrect section or table references, or errors in the sequencing of subsection letters, numbers, or symbols; and

      3.   The incidental amendment(s) shall be reviewed and approved by the Law Director. (Ord. 17-13; 26-24)

   A.   General Requirements: Table 5-A summarizes the development reviews permitted under the UDO. Subsequent sections of the UDO define the applicable review processes and submittal requirements.

   B.   Accessory Use and Buildings – Major: A Major Accessory Use is an accessory use that, because of its size, location, or intensity of activity, may have a material impact on adjacent property as determined by the City Planner. Accessory uses and buildings may be erected upon a lot on which a principal structure already exists. The use of the accessory building must be secondary and incidental to the principal use. The Planning Commission considers major accessory uses for approval. See Section 9.39 for standards. (Ord. 5-18)

   C.   Accessory Uses and Buildings – Minor: A Minor Accessory Use is an accessory use that will not have a material impact on adjacent property as determined by the City Planner. Accessory uses and buildings may be erected upon a lot on which a principal structure already exists. The use of the accessory building must be secondary and incidental to the principal use. The City Planner considers minor accessory uses and buildings for approval. See Section 9.39 for standards. (Ord. 5-18)

   D.   Certificates of Zoning Compliance (CZC): The Certificate of Zoning Compliance shall demonstrate that an approved development complies with the requirements of the UDO. The CZC must be issued prior to allowing a building permit to be issued. No building or other structure shall be erected, constructed, re-constructed, enlarged, moved or structurally altered, nor shall any excavation or site improvements be commenced, until the following has occurred:

      1.   The owner of the property involved or a person having an interest in such property and acting under written authority of the owner has applied for a CZC;

      2.   The application for a CZC shall include the submittal of a site plan as defined herein;

      3.   The City Planner, Planning Commission, or Board of Architectural Review shall review and approve a CZC depending upon whether a major or a minor site plan is required; (Ord. 16-16)

      4.   The City Planner has issued the CZC following approval of the site plan; and,

      5.   Existing zoning and property maintenance violations have been remedied. (Ord. 16-16)

      A CZC shall become void at the expiration of one (1) year after the date of issuance unless a building permit has been issued and construction has begun. If no construction has begun or the use has changed within one (1) year of the date of the certificate, a new application and certificate shall be required. See Article 11 for the definition of Start of Construction. (Ord. 5-18)

 

   E.   Changes in Use: A change in the use of a building or structure may be approved by the City Planner if the use is substantially similar to the existing use or another permitted use under the existing zoning district classification as indicated on the Official Zoning Map. A change in use may or may not involve interior or exterior building alterations. An application must be filed.

   F.   Conditional Use: Conditional Uses are those uses that because of special requirements or characteristics may be allowed in a particular zoning district only after review by the Planning Commission and granting of Conditional Use approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same district zone or vicinity. A Conditional Use shall be allowed in a zoning district after permission is granted by the City Council in accordance with the provisions of the UDO.    

      1.   Standards for Approval: The following standards shall be considered in the review of Conditional Use Applications:

         a.   The Conditional Use is a use that may be permitted with conditions, in the District for which it is proposed;

         b.   The Conditional Use will be in accordance with the general objectives, or with any specific objective, of the City's Comprehensive Plan or this UDO;

         c.   The Conditional Use will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

         d.   The Conditional Use will not be hazardous or unreasonably disturb existing or future neighboring uses;

         e.   The Conditional Use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services;

         f.   The Conditional Use will not create excessive additional requirements, at public cost, for public facilities and services and will not be detrimental to the economic welfare of the community;

         g.   The Conditional Use will not involve uses, activities, processes, materials, equipment and conditions or operations that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare negative appearance, or odors;

         h.   The Conditional Use will have vehicular approaches to the property, which shall be designed so as not to interfere with traffic on surrounding public thoroughfares; and,

         i.   The Conditional Use will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance.

      2.   The Planning Commission and City Council shall each hold a public hearing on a Conditional Use in accordance with Section 5.06 D of this UDO.

      3.   A Conditional Use Certificate shall authorize a particular conditional use on a specific parcel for which it was approved. The Conditional Use Certificate is non-assignable and shall expire 1 year from the date of enactment, unless prior to that date the applicant commences actual construction or business. There shall be no modification of a conditional use certificate except by Planning Commission.

   G.   Development Plan: Approval of a Development Plan is required within the Residential Planned Development (R-PD), Office Planned Development (O-PD), Business Planned Development (B-PD), Industrial Planned Development (I-PD) and the Overlay Districts. The two-step Development Plan review and approval process includes submission of a Preliminary Development Plan and a Final Development Plan. Depending on the scope and complexity of the project proposed, the Planning Commission may permit the Preliminary Development Plan and the Final Development Plan to be combined as one (1) submission. The TRC, the Planning Commission, and City Council review both plans. (Ord. 17-14, 16-16)

      1.   Standards for Approval, Preliminary Development Plan (PDP). The following standards shall be considered in the review of Preliminary Development Plan applications: (Ord. 16-16, 5-18)

         a.   The PDP addresses the goals, objectives, and outcomes of the City's Comprehensive Development Plan and other adopted plans of the City;

         b.   The PDP meets the purpose and general characteristics of the substantive Planned District as described in Article 7.17;

         c.   The PDP addresses the impact of the project on other property or other uses located on the same property;

         d.   The PDP addresses compatibility with development on nearby property;

         e.   The PDP addresses safe conditions for pedestrians or motorists and the prevention of dangerous arrangement of pedestrian and vehicular ways; and

         f.   The PDP addresses safe ingress and egress on the site, and circulation within the site, for emergency vehicles.

      2.   Standards for Approval, Final Development Plan (FDP). The following standards shall be considered in the review of Final Development Plan applications: (Ord. 16-16, 5-18)

         a.   The FDP addresses the goals, objectives, and outcomes of the City's Comprehensive Development Plan and other adopted plans of the City;

         b.   The FDP complies with the applicable requirements of the UDO;

         c.   The FDP adequately protects other property or other uses located on the same property;

         d.   The FDP is compatible with other development on nearby property;

         e.   The FDP provides safe conditions for pedestrians or motorists and prevents a dangerous arrangement of pedestrian and vehicular ways; and,

         f.   The FDP provides safe ingress and egress on the site, and circulation within the site, for emergency vehicles.

      3.   The Planning Commission and City Council shall each hold a public hearing on a Development Plan in accordance with Section 5.06 (D) of this UDO. The Planning Commission serves as a recommending body to the City Council for Development Plans. City Council serves as the final review authority for all Development Plans. (Ord. 16-16)

      4.   Effect of Approval, Preliminary Development Plan: A Preliminary Development Plan (PDP) approval by the City Council shall not constitute an amendment to the Centerville Zoning Map. A PDP approval shall be valid for a period of one (1) year to allow the official submittal of a Final Development Plan. Unless the required Final Development Plan is properly submitted for Planning Commission review within the one year period, the PDP approval shall be voided unless an application for a time extension is submitted and approved by City Council. (Ord. 16-16)

      5.   Effect of Approval, Final Development Plan: A Final Development Plan (FDP) approval by the City Council shall constitute an amendment to the Centerville Zoning Map as it applies to the land included in the approved amendment for the appropriate Planned and Overlay Districts. In the event zoning and building permits are not issued in association with an approved FDP within two (2) years of approval, the FDP shall expire. The expiration of an FDP shall also result in the expiration of the associated PDP. Therefore the land shall revert to its last previous zoning district, unless an application for a time extension is submitted and approved by City Council. Where conflicts exist, the approved FDP shall supersede all previous PDP or FDP approvals. (Ord. 16-16)

   H.   Minor Modifications: After the Major Site Plan has been approved by Planning Commission or the Board of Architectural Review and prior to issuing a Certificate of Occupancy, adjustments or rearrangements of buildings, drives, parking areas, recreation areas, entrances, heights, yards, changes to the exterior façade, or similar modifications, may be requested by the applicant. The City Planner shall review such amendments to a major site plan if the change involves 25 percent or less of the original gross floor area or lineal dimension, or 1,000 square feet whichever is less. Amendments to a major site plan greater than this requirement shall be reviewed by the Planning Commission.

   I.   Reserved. (Ord. 16-13)

   J.   Floodplain Permit: A Floodplain Permit shall be obtained before construction begins within any area of special flood hazard as established in Section 9.37, D, Basis for Establishing the Areas of Special Flood Hazard. Application for a floodplain permit shall be made on forms furnished by the Engineering Department and approved by the City Engineer.

      1.   Standards for Approval: The following standards shall be considered in the review of Floodplain Permit applications:

         a.   The flood plain application does not include uses that are dangerous to health, safety and property;

         b.   The application includes uses that are protected against flood damage at the time of construction;

         c.   The alteration of stream channels, natural floodplains and protective barriers are controlled;

         d.   The filling, grading, dredging, and other development are sufficiently controlled; and

         e.   The proposed construction in floodplain does not cause additional flooding of adjacent property.

   K.   Landscape Plan: A Landscape Plan shall be submitted as part of the site plan and Planned District review process. Such plans shall be reviewed and approved by the City Planner.

      1.   Standards for Approval: The following standards shall be considered in the review of Landscape Plan applications:

         a.   The Landscape Plan meets all the requirements and fulfills the purposes and intent of the UDO;

         b.   The Landscape Plan is in concurrence with relevant City plans and policies;

         c.   The public's health, safety and welfare will not be adversely impacted by the proposal; and,

         d.   The plant materials are approved by the City horticulturalist, including sufficiency.

   L.   Lighting Plan: Prior to the approval of a Building Permit, Occupancy Permit, or Certificate of Zoning Compliance, a plan demonstrating compliance with the exterior lighting standards of Section 9.27 will be submitted and approved by the City Planner.

      1.   Standards for Approval: The following standards shall be considered in the review of Lighting Plan applications:

         a.   The Lighting Plan meets all the requirements and fulfills the purpose and intent of the UDO;

         b.   The Lighting Plan is in concurrence with relevant City plans and policies;

         c.   The public's health, safety and welfare will not be adversely impacted by the proposal; and

         d.   The exterior lighting meets illumination standards.

   M.   Sign Permit: No sign, whether permanent or temporary, shall hereafter be erected, constructed or maintained until the City Planner has issued a sign permit. This provision shall not apply to signs that are prohibited, as described in Section 9.51(C). The application for a sign permit shall be a Certificate of Zoning Compliance as defined in Article 11. (Ord. 17-14)

      1.   Standards for Approval: The following standards shall be considered in the review of Sign Permit applications:

         a.   The Sign Permit application meets all the requirements and fulfills the purposes and intent of the UDO;

         b.   The Sign Permit application is in concurrence with relevant City plans, including the Comprehensive Plan, and policies; and

         c.   The public's health, safety and welfare will not be adversely impacted by the proposal.

   N.   Site Plan – Major: Approval of a Site Plan is required for zoning approval prior to construction. Planning Commission or the Board of Architectural Review for properties situated in the Architectural Preservation District shall review all Major Site Plan applications. (Ord. 17-14)

      1.   Uses Requiring Major Site Plan Review: The following uses and structures require major site plan review: (Ord. 17-14, 5-18, 20-22)

         a.   New Multi-family buildings four units and above;

         b.   New commercial, office, industrial, institutional and all other non-residential principal buildings and structures of 1,500 square feet or greater;

         c.   Non-residential or multi-family accessory buildings and structures of 500 square feet of gross floor area or greater;

         d.   Additions to any building or structure greater than 25 percent or 1,500 square feet of the original floor area, whichever is less;

         e.   Structured parking;

         f.   Parks larger than 2.0 acres; and

         g.   New parking lots of greater than 20 spaces, or additions of greater than 20 spaces to existing parking lots.

      2.   Standards for Approval: The following standards shall be considered in the review of Major Site Plan applications:

         a.   That it fully complies with all applicable requirements of the UDO;

         b.   That it fully complies with an approved Final Development Plan, if applicable; (Ord. 17-14)

         c.   That it adequately protects other property or residential uses located on the same property from the potential adverse effects of a non-residential use;

         d.   That it is consistent with the use and character of surrounding properties;

         e.   That it provides safe conditions for pedestrians or motorists and prevents the dangerous arrangement of pedestrian and vehicular ways; and

         f.   That it provides safe ingress and egress for emergency services.

      3.   Following approval of a Major Site Plan by the Planning Commission, the City Planner shall issue a CZC based on the plans approved, as amended, by the Planning Commission. The City Planner shall review amendments to Major Site Plans if the change involves 25 percent or less of the original floor area, not to exceed 5,000 square feet.

   O.   Site Plan – Minor: Approval of a Site Plan is required for zoning approval prior to construction. The City Planner shall review any application for a Minor Site Plan in accordance with the Standards for Approval contained in Section 5.09(N) Site Plan – Major of this UDO.

   P.   Subdivision – Major: A Major Subdivision is the platting of land for the purposes of development. (Ord. 5-18)

      1.   Preliminary Plat: A preliminary plat may require approval by the Planning Commission prior to submitting a Record plat. A Preliminary Plat is a map of a subdivision of land that is submitted to the Planning Commission for purposes of preliminary consideration and approval. The following standards shall be considered in the review of a Preliminary Plat application:

         a.   The proposed Preliminary Plat meets all applicable standards of the UDO;

         b.   The proposed lots shall have adequate space to accommodate the building area and other site requirements;

         c.   The property has been surveyed to provide boundary, topographic, utility and other information relating to the property shall be submitted with the application;

         d.   The proposed lots have been approved for access management, utility management and stormwater management; and

         e.   The proposed lots have been approved relative to emergency access.

         f.   A Development Plan or a Residential Cluster Development Plan may be substituted for a Preliminary Plat in accordance with the requirements of the UDO.

      2.   Record plat: A record plat must be accepted by City Council and recorded by the Montgomery County Recorder's Office before lots may be transferred. The following standards shall be considered in the review of Record plat applications:

         a.   That the Record plat is consistent with the approved Preliminary Plat, Development Plan, or Residential Cluster Development;

         b.   The property has been surveyed and a record plat prepared including all information relating to the property has been submitted with the application including electronic copies;

         c.   The City Engineer has approved all construction plans and documents prior to recording of the plat;

         d.   Execution of a Subdivider's Agreement is required with the City of Centerville.

         e.   Documents establishing any owners association and other development agreements have been approved by the Law Director's Office; (26-24)

         f.   The maintenance bonding requirements have been met.

   Q.   Subdivision – Minor: A Minor Subdivision or Lot split is a division of a single parcel of land or lot with no public improvements that is approved by the City Planner and does not require a plat to be approved by Planning Commission. The following standards shall be considered in the review of Minor Subdivision applications: (Ord. 16-13)

      1.   The proposed subdivision meets all applicable standards of the UDO;

      2.   The proposed subdivision shall have adequate area to accommodate the building area and other site requirements;

      3.   The property has been surveyed and an acceptable drawing, legal description and other information relating to the property has been submitted with the application;

      4.   The proposed lot has been approved for access management and stormwater management; and

      5.   The proposed lot has been approved relative to emergency access.

   R.   Temporary Use: The City Planner may approve a temporary use.

      1.   Standards for Approval: The following standards shall be considered in the review of Temporary Use applications:

         a.   The proposed Temporary Use meets all requirements of the UDO;

         b.   The site, if undeveloped, contains sufficient open space to support the Temporary Use;

         c.   The location of the Temporary Use on a site, if developed, shall be placed in a manner that does not interfere with the function of the permanent use;

         d.   The Temporary Use has sufficient off-street parking in a manner outlined in the UDO; and,

         e.   The public's health, safety, and welfare on and around the Temporary Use are assured.

   S.   Reserved.

   T.   Variance: A Variance involves permission to depart from the literal requirements of the UDO. The Planning Commission shall consider and decide on any Variance from this UDO. The procedures for considering a Variance are included in Section 5.17.

   A.   General Requirements: This Section of the UDO outlines a series of actions that are required for development reviews. These actions are: (Ord. 16-16)

      1.   Review by the City Planner;

      2.   Review by Planning Commission;

      3.   Review by the Board of Architectural Review;

      4.   Review by the City Council;

      5.   Floodplain permit process;

      6.   Major Subdivision process;

      7.   Final Plat Amendment process; and

      8.   Vacation of Streets, Alleys or Easements.

   B.   Review by the City Planner: The following outlines the procedure under which the City Planner reviews development proposals: (Ord. 16-16)

      1.   Pre-application Meeting: The applicant is encouraged to meet with the City Planner prior to submitting an application. The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements.

      2.   Formal Application Submittal: The applicant shall submit an application that meets all of the applicable requirements of the UDO. This shall occur consistent with the submittal schedule indicating application submittal and meeting dates established by the City Planner.

      3.   Application Certification by City Planner: Upon receipt of an application, the City Planner shall, within 5 days, review the application as to completeness. If it is incomplete, the City Planner shall advise the applicant of the deficiencies and shall not process the application until the deficiency is corrected. If it is complete and appropriate in the City Planner's professional judgment, the application shall be forwarded to the TRC, if applicable.

      4.   Review by the TRC: At the City Planner's Discretion, members of the TRC may review the application and provide comments within 5 days to the City Planner.

      5.   Action by the City Planner: Within 15 days of a complete application, the City Planner shall render a decision to approve, approve with conditions, or deny an application. The decision shall be communicated by permit, certificate of zoning compliance or letter to the applicant citing the reasons for the decision.

      6.   Appeal: The decision by the City Planner can be appealed to Planning Commission per Section 5.19.

   C.   Review by Planning Commission: The following outlines the procedure under which Planning Commission reviews development proposals: (Ord. 16-16)

      1.   Pre-application Meeting: The applicant is encouraged to meet with the City Planner prior to submitting an application. The purpose of the meeting is to discuss the proposal and to provide feedback regarding applicable standards and requirements.

      2.   Formal Application Submittal: The applicant shall submit an application meeting all of the applicable requirements of the UDO. This submittal shall occur consistent with the meeting dates and submittal schedule established by the Planning Commission.

      3.   Application Certification by City Planner: Upon receipt of an application, the City Planner shall, within 5 days, review the application as to completeness. If it is incomplete, the City Planner shall advise the applicant of the deficiencies and shall not process the application until the deficiency is corrected. If it is complete, the City Planner shall forward the application to the TRC, if applicable.

      4.   Preparation of Agenda and Public Notice: Following certification that an application is complete, the City Planner shall place the application on the agenda of Planning Commission's formal meeting in accordance with Article 5.06(D). Major Site Plan applications requiring Planning Commission approval are not subject to notification procedures. (Ord. 17-14)

      5.   Review by TRC: At the City Planner's discretion, the members of the TRC may review the application at a meeting and provide comments within 5 days to the City Planner.

      6.   Preparation of Staff Report: The City Planner shall prepare its staff report providing an analysis of the proposal and a recommendation. The City Planner shall consider comments from the TRC in formulating its recommendation. The application and written report shall be forwarded to the Planning Commission prior to the meeting at which the Planning Commission will consider the application.

      7.   Action by the Planning Commission: The Planning Commission shall consider the application at its formal public meeting. It shall hear a presentation by staff as appropriate, a presentation by the applicant, and comments by interested parties. The Planning Commission shall consider this information and render a decision at the public meeting. If necessary, it can table and continue hearing the application at a future public meeting date as announced by the Planning Commission, at which time it shall render a decision. In rendering a decision, the Planning Commission shall consider the applicable decision criteria of this UDO. For applications solely under its review authority, the Planning Commission shall approve, approve with conditions or deny an application. Its decision shall take effect immediately, or at the earliest date permitted by law. When applicable, the Planning Commission shall recommend a course of action to the City Council for those applications that require City Council review. (Ord. 18-13, 16-16)

   D.   Review by the Board of Architectural Review: The BAR shall follow the same development review procedure as Planning Commission as stated in Article 5.11(C) of this UDO.

   E.   Review by the City Council: The following outlines the procedure under which the City Council reviews development proposals: (Ord. 16-16)

      1.   Preparation of Agenda and Public Notice: Following a formal review and recommended course of action by the Planning Commission or Board of Architectural Review (if applicable), the Clerk of Council shall place the application on the agenda of the City Council and provide proper public notification in accordance with Article 5.06(D).

      2.   Preparation of Meeting Materials: The City Planner shall forward all relevant documentation reviewed by the Planning Commission or Board of Architectural Review (if applicable) to the Clerk of Council. Such documentation shall include the staff report, final decision letter, application materials, meeting minutes, correspondence from the public, and all other relevant documents.

      3.   Action by the City Council: The City Council shall consider the application at its formal public meeting. It shall hear a presentation by staff as appropriate, a presentation by the applicant as appropriate, and comments by interested parties. The City Council shall consider this information and render a decision at the public meeting. If necessary, it can table and continue hearing the application at a future public meeting date as announced by the City Council, at which time it shall render a decision. In rendering a decision, the City Council shall consider the applicable decision criteria of this UDO. The City Council shall approve, approve with conditions, or deny an application. Its decision shall take effect immediately, or at the earliest date permitted by law.   

   F.   Floodplain Permit Procedure: The City Engineer is hereby appointed to administer and implement the UDO by granting or denying floodplain permit applications in accordance with its provisions.   

      1.   Procedure: The City Engineer shall:

         a.   Review all floodplain permits to determine that the permit requirements of the UDO have been satisfied;

         b.   Review all floodplain permits to assure that all necessary permits have been received from those Federal, State or local governmental agencies from which prior approval is required. The applicant shall be responsible for obtaining such permits, as required including permits issued by the Department of the Army under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act;

         c.   Review all floodplain permits to determine if the proposed development is located within a designated floodway. Floodways are delineated on the Flood Insurance Rate Map of the Flood Insurance Study. Floodways may also be delineated in other sources of flood information;

         d.   If the proposed development is located within a designated floodway, assure that the encroachment complies with the provisions of Section 9.37; and

         e.   If determined as appropriate, submit an application for a floodplain permit to the TRC for review prior to his or her approval.

      2.   Use of other Base Flood Elevation and Floodway Data: Areas of special flood hazard where base flood elevation data have not been provided by FEMA, in accordance with Section 9.37, Basis for Establishing the Areas of Special Flood Hazard, are designated as Zone A on Centerville's Flood Insurance Rate Map. Within these areas, the City Engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source.

      3.   Information to be Obtained and Maintained: Where base flood elevation data are utilized within areas of special flood hazard on Centerville's Flood Insurance Rate Map, regardless of the source of such data, the following provisions apply:

         a.   Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor, including basement, of all new or substantially improved structures, and whether or not such structures contain an enclosure below the lowest floor; and

         b.   For all new or substantially improved flood proofed non-residential structures: verify and record the actual elevation (in relation to mean sea level) to which the structure was flood proofed; maintain the flood proofing certifications required in Section 9.37; and maintain for public inspection all records pertaining to the provisions of the UDO.

      4.   Alteration of Watercourse: The City Engineer shall also:

         a.   Notify adjacent communities and the Ohio Department of Natural Resources, Division of Water, prior to any alteration or relocation of a watercourse and submit evidence of such notification to the FEMA. A watercourse is considered to be altered, if any change occurs within its banks;

         b.   Maintain engineering documentation required in Section 9.37 that the flood carrying capacity of the altered or relocated portion of said watercourse will not be diminished;

         c.   Require that necessary initial construction and maintenance will be provided for the altered or relocated portion of said watercourse so that it remains where planned and the flood carrying capacity will not be diminished; and,

         d.   Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 5.19 of this UDO.

   G.   Subdivision – Major: Before any land is subdivided the owner of the property proposed to be subdivided, or the authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures, which includes a Preliminary Plat and Record plat. (Ord. 16-13)

      1.   Preliminary Plat

         a.   Pre-application Meeting: The Subdivider shall meet with the City Planner prior to submitting a Preliminary Plat for consideration by the Planning Commission.

         b.   Review by City Planner: Upon receipt of an application, the City Planner shall, within 5 days, review the application as to completeness. If it is incomplete, the City Planner shall advise the Applicant of the deficiencies and shall not process the application until all the necessary required information has been provided. If the application is complete, the City Planner shall submit the application to the TRC.

         c.   Review by the TRC: The TRC shall review the application after the City Planner determines that the application is complete and forward its comments within 18 days to the City Planner. The City Planner shall forward copies of all documents filed with the Planning Department to the Planning Commission along with any report or recommendation of the TRC.

         d.   Planning Commission Review: The Planning Commission shall review the application and render a decision on the Preliminary Plat; approve as requested, approve with modifications, or the plat be denied. The decision of the Planning Commission shall indicate the specific reasons(s) upon which their decision is based.

         e.   Zoning Certificate: The Subdivider shall submit to the City Planner five sets of plans meeting the submittal requirements of Section 5.13 and all conditions of approval by the Planning Commission to the City Planner for approval and signature.

         f.   Expiration: The Planning Commission's approval of a Preliminary Plat shall be effective for a maximum period of 1 year. The terms under which the approval was granted will not be affected by changes to the UDO. The approval of a Preliminary Plat will expire 1 year after the date of approval if a Record plat has not been approved for any section(s) or portion(s) of the Preliminary Plat. The Planning Commission may, upon written request by the Subdivider, grant 1 six-month extension of the Preliminary Plat approval. Such request must be granted by the Planning Commission prior to the expiration date.

      2.   Record Plat

         a.   Pre-application Meeting: The Subdivider is encouraged meet with the City Planner prior to submitting a Record plat for consideration by the Planning Commission.

         b.   Review by City Planner: Upon receipt of an application, the City Planner or a designated representative shall, within 5 business days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the City Planner shall advise the Subdivider of the deficiencies and inform the Subdivider that no further action will be taken on the application until all necessary and required information has been submitted.

         c.   Review by TRC: The TRC shall review the application after the City Planner determines that the application is complete and forward its comments within 18 days to the City Planner. The City Planner shall forward copies of all documents filed with the Planning Department to the Planning Commission along with any report or recommendation of the TRC.

         d.   Planning Commission Review: The Planning Commission shall recommend, within thirty days after the public meeting that the record plat be approved as requested, approved with modifications, or the plat be denied. The decision of the Planning Commission shall indicate the specific reasons(s) upon which their decision is based.

         e.   City Council Review: Within thirty (30) days after approval of the Record plat by the Planning Commission, the plat shall be transmitted to the City Council. City Council shall approve as recommended by Planning Commission, approve with modifications, or deny the plat.

         f.   Subdivider's Agreement: Prior to recording of the Record plat, the Subdivider shall execute a Subdivider's Agreement with the City.

         g.   Recording of Record plat: After a Record plat has been approved by the City Council, the Subdivider shall make all modifications to the original mylars for submission to the City Clerk of Council. The Subdivider shall also submit with the original mylars the following information:

            i.   Construction drawings.

            ii.   Performance Bond.

            iii.   Fee for the Subdivider's Agreement.

            iv.   Any other fee required by this Record plat including a fee in-lieu of parkland dedication.

            Record plats may not be recorded until all required signatures of officials have been placed on the Record plat. The City Clerk of Council shall release to the Subdivider the original mylars for recording at the County Recorder's Office upon completion of the following:

            i.   The Record plat has been properly signed by the appropriate officials.

            ii.   A Subdivider's Agreement between the City and the Subdivider is executed.

            iii.   The construction drawings are approved by the City Engineer and City Planner.

            iv.   All other necessary information is approved by the respective city officials.

            v.   All necessary fees are paid.

         h.   Construction Drawings: Five sets and one electronic copy of construction drawings for all improvements shall be provided to the City Planner for approval by the City.

         i.   Expiration of Approval: Approvals granted for a Record plat shall expire 1 year after the date of approval by the City Council.

         j.   Expedited Subdivision Procedure: In cases where the proposed subdivision includes less than 10 lots, to be developed in one phase, and is within a Planned Development Zoning District, the City Planner may elect to use the Expedited Subdivision Procedure. If so determined, the Subdivider may combine a Final Development Plan and Record plat. In doing so the same procedural steps for a Record plat will occur, however, a single set of documents for both the Development Plan and Record plat will be submitted as directed by the City Planner.

         k.   Single Lot Subdivisions: A Major Subdivision plat that consists of a single lot may be submitted to the City under this procedure. The City Planner is hereby authorized to review and decide single lot Major Subdivisions. The City Planner can submit the Preliminary Plat and Record plat as a single set of documents to the TRC for review. The City Planner will identify the appropriate documents for submittal.

   H.   Record Plat Amendment: Upon the application of an owner(s) of land described in a Record plat, the City Council may amend the Record plat, in whole or in part, where unusual or exceptional factors or conditions require the amendment to avoid undue hardship. (Ord. 16-13)

      1.   Plat Amendment Defined: A plat amendment is the alteration of a Record plat that changes any of the feature(s) required to be set forth in the plat by Section 5.11(F). The vacation or alteration of any street, road highway, alley, or easement by the City is not a plat amendment subject to the requirements of this section.

      2.   Filing Requirements: The Subdivider shall file with the City Planner a Record plat amendment which meets the requirements of Section 5.13(G) and other City ordinances as applicable, together with an application for approval and all necessary plans and drawings, a letter indicating the reasons for the amendment, and a fee for the review of said plat amendment.

      3.   Procedure: The procedure for a Record plat amendment shall be the same as a Record Plat established in Article 5.11(F)(2).

      4.   Record Plat Amendment is not a Variance: A Record Plat Amendment shall comply with all established requirements of the UDO. Any proposed modification that does not meet an established or minimum requirement shall be subject to the variance procedures outlined in Article 5.17 of the UDO.

   I.   Vacation of Streets, Alleys, or Easements and Street Name Changes: City Council may, by ordinance, vacate or alter any street, road, highway, alley, easement, or street name upon finding that there is good cause for such vacation or alteration. Any such vacation or alteration shall first be reviewed by the Planning Department, in order to make a recommendation to City Council. Notice of the intention of Council to vacate or alter any street, road, highway, alley, easement, or street name shall be published in a newspaper of general circulation in the City for six (6) consecutive weeks preceding such action unless all abutting landowners have filed written statements of consent to the proposed action with the City Clerk of Council, in which case no notice is required. Any application to vacate or alter any street, road, highway, alley, easement, or street name shall be accompanied by a fee of sufficient amount to cover all related costs incurred by the City. (Ord 5-18)

   A.   General: The following general requirements shall apply:

      1.   Each development approval shall include an application provided by the City Planner with the submittal. The submittal shall also include, at minimum, six (6) full-size hard copies of all required documentation; (Ord. 17-14)

      2.   The City shall process only complete applications. The City Planner shall make determination as to completeness;

      3.   The City Planner may request additional supporting information that in his/her professional judgment is necessary to fully explain the applicant's proposal. The applicant shall supply the requested additional information;

      4.   The full application fee shall be presented to the City with the application; and

      5.   Upon request and at the discretion of the City, the applicant or property owner shall provide advance payment or reimburse the City for expenses incurred in the review of the application, including, but not limited to, fees or dues paid to external consultants or advisors. (Ord. 5-18)

   B.   Accessory Use – Major: The submittal for approval of a Major Accessory Use shall include an application form for an Accessory Use – Major/Certificate of Zoning Compliance, a Major Site Plan, related materials, and fee. The application shall include at a minimum:

      1.   Name and mailing address of the current property owner or designated agent;

      2.   Property address, parcel identification number and zoning classification of the subject property;

      3.   Description of the existing and proposed use;

      4.   Extent of any proposed interior or exterior building alterations that may be required as a result of the change in use; and,

      5.   A list of the surrounding uses and zoning classification(s).

   C.   Accessory Use – Minor: The submittal for approval of a Minor Accessory Use shall include an application form for an Accessory Use – Minor/Certificate of Zoning Compliance, a Minor Site Plan, related materials, and fee. The application shall include at a minimum:

      1.   Name and mailing address of the current property owner or designated agent;

      2.   Property address, parcel identification number and zoning classification of the subject property;

      3.   Description of the existing and proposed use;

      4.   Extent of any proposed interior or exterior building alterations that may be required as a result of the change in use; and,

      5.   A list of the surrounding uses and zoning classification(s).

   D.   Certificate of Zoning Compliance: The request of a Certificate of Zoning Compliance shall include the requisite application as noted in Article 5.09, Table 5-A. The application shall include at a minimum those items noted below. The City Planner, or his/her designee, may modify or add to these requirements at his/her discretion. (Ord. 17-14)

      1.   Name and mailing address of the current property owner or designated agent;

      2.   Name of applicant. If the applicant is not the owner then written consent from the owner shall be submitted;

      3.   Address, parcel identification number, and zoning classification of the subject property;

      4.   Description of the existing and proposed use;

      5.   General layout plan with existing and proposed property lines, showing all proposed property lines with typical dimensions, yards and setbacks;

      6.   Existing and proposed buildings on site with general sketch floor plans and building elevations, including square footage calculations, occupancy load or seating capacity, building height, and building material type and color;

      7.   Street and parking lot layout, including street rights-of-way, drive aisles, parking spaces, and sidewalk location;

      8.   Preliminary grading, stormwater, potable water, sanitary sewer, and landscape plans; and

      9.   List of property owners and labeling of adjacent property owners (for those applications requiring a public meeting).

   E.   Change in Use: The submittal for approval of a Change in Use shall include an application form for a Change in Use with related materials and fee. The application shall include at a minimum:

      1.   Name and address of the current property owner or designated agent;

      2.   Name of applicant. If the applicant is not the owner then written consent from the owner should be submitted;

      3.   Address, parcel identification number, and zoning classification of the subject property;

      4.   Description of the existing and proposed use;

      5.   Extent of any proposed interior or exterior building alterations that may be required as a result of the change in use; and,

      6.   A list of the surrounding uses and zoning classification(s).

   F.   Conditional Use: The submittal for approval of a Conditional Use shall include an application form for a Conditional Use with related materials and fee. The application shall include at a minimum:

      1.   Name and address of the current property owner or designated agent;

      2.   Name of applicant. If the applicant is not the owner then written consent from the owner should be submitted;

      3.   Property address, parcel identification number, and zoning classification of the subject property;

      4.   A site plan and other drawings to scale including a digital image of all plans, showing the existing and proposed use of the site, all pertinent natural and man-made features, and adjacent development character and buildings;

      5.   A statement of need for the proposed use, its location and a report identifying the effects of the proposed use on the surrounding properties and the neighborhood; and,

      6.   A plan of how the potential negative effects of the proposed use will be mitigated including traffic, parking, noise, light intrusion, solid waste storage, odor, fumes and removal.

   G.   Development Plan: The following outlines the submittal requirements for Preliminary and Final Development Plan. Relative to the approval process, each Preliminary and Final Development Plan must be approved through the same process. Preliminary and Final Development Plans shall be submitted at least eight (8) weeks prior to the meeting at which the Plan will be reviewed by Planning Commission. (Ord. 17-14, 16-16; 20-22)

      1.   Preliminary Development Plan: Application for a Preliminary Development Plan shall be provided at the time of submittal. The Preliminary Development Plan shall be comprised of the following information:

         a.   A general supporting statement. This is a narrative that explains what is being proposed and why. The narrative shall explain the development proposal in context of existing structures on the property and adjoining properties and shall provide the approximate allocation of land use by acreage and type and shall provide an estimate of the population of the project at build-out;

         b.   An existing conditions plan at a scale determined by the City Planner indicating existing topography, property boundaries, trees, structures, pavements, utilities, and the location of existing directly adjacent properties and their structures;

         c.   Proposed site plan as determined by the City Planner indicating pavement, structures, service areas, loading areas, parking circulation, trash dumpsters, setbacks, vegetation to remain, points of access, proposed grading required screens and buffers, and related site improvements. This plan shall include the location of existing contiguous properties and their structures;

         d.   Conceptual architectural design and landscape planting;

         e.   Longitudinal and transverse cross-sections through the building at its tallest point. These sections shall include contiguous property and their principal buildings to illustrate neighboring height relationships. The scale of these sections shall be determined by the City Planner;

         f.   Engineering feasibility comments, report or study from a civil engineer for water, sanitary sewer and storm water utilities, traffic flow impacts; and

         g.   All plan documents should be accompanied by digital images in a format accepted by the City Planner.

      2.   Final Development Plan: Application for a Final Development Plan shall be provided at the time of submittal. In addition to the Preliminary Development Plan requirements outlined in Section 5.13(G) above, the Final Development Plan shall include the following:

         a.   Boundaries of the tract and legal description;

         b.   Locations of buildings, streets, drives and parking areas. Locations and dimensions of rights-of-way, easements and all land to be dedicated to the City or reserved for specific uses;

         c.   Proposed building floor plans at 1/8 inch equals 1 foot;

         d.   Proposed building elevations at 1/8 inch equals 1 foot;

         e.   Proposed exterior material schedule which identifies all exterior and site structure materials and color constant with City's built character, including brick and stone;

         f.   Illustration of general architectural concepts consistent with the City's built character, such as perspective renderings and building/site cross-sections, which may be needed to explain concepts, if applicable or requested;

         g.   Location of existing trees or tree cover that will remain. Location of all individual trees on the site plan with diameters/calipers for those six inches or greater;

         h.   Location of public utility services, including storm drainage;

         i.   Indicate whether streets and utilities are to be publicly or privately owned and maintained;

         j.   The location and dimensions of rights-of-way, easements and all lands to be dedicated to the City or reserved for specific uses;

         k.   Location of proposed construction limits and areas to remain undisturbed;

         l.   Proposed landscape plan prepared by a registered landscape architect, as defined by Article 11 integrated with a grading plan, at a scale determined by the City Planner indicating existing trees to be saved, new plantings, and a schedule of plant material showing proposed sizes and quantities;

         m.   Location, dimensions, (including height, square feet and language) and elevations of all signs;

         n.   Exterior lighting plan and specifications including light color temperature, cut-off angle, distribution plan, intensity in foot-candle value within the light distribution area produced by the fixture(s) proposed, and the values of these foot-candle levels at all property lines;

         o.   Longitudinal and transverse cross-sections through the building at its tallest point. These sections shall include contiguous property and their principal buildings to illustrate neighboring height relationships. The scale of these sections shall be determined by the City Planner;

         p.   Grading plan including storm drainage plans drawn by a licensed civil engineer;

         q.   Engineering plans for sanitary sewer, storm sewer and pavements by a licensed civil engineer;

         r.   A plat of the proposed development area showing street right-of-way, subdivided and common land and easements in accordance with the requirements of the UDO which shall be in form for recording; and,

         s.   A text describing the character of the proposed development and includes standards that are supplemental to, and supportive of, the development standards contained within in the UDO and the Comprehensive Plan.

         t.   Parkland Dedication: The proprietor of each new residential development in the City, as a prerequisite to the approval of the Final Development Plan on behalf of the City, shall dedicate parkland or pay a fee in-lieu of parkland dedication to the City, in accordance with the provisions of Section 9.47.

   H.   Reserved. (Ord. 16-13)

   I.   Floodplain Permit: Application for a Floodplain Permit shall be made on forms, furnished by the City Engineer and may include, but not be limited to: site specific topographic plans drawn to scale showing the nature, location, dimensions and elevations of the area in question; and existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. An approved Floodplain Permit shall be provided at the time of submittal for a Certificate of Zoning Compliance. The following information is required: (Ord. 17-14)

      1.   Elevation in relation to mean sea level of the lowest floor, including basement, of all proposed structures located in special flood hazard areas where base flood elevation data are utilized;

      2.   Elevation in relation to mean sea level to which any proposed structure will be flood proofed in accordance with Section 9.37 where base flood elevation data are utilized;

      3.   Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development and certification by a registered professional engineer that the flood carrying capacity of the watercourse will not be diminished; and,

      4.   A U.S. Army Corps of Engineer's 404 Permit.

   J.   Landscape Plan: A Landscape Plan shall be submitted to the City Planner for review and approval. A landscape plan may be submitted as a part of any Development Plan or Major Site plan or submitted as a Minor Site Plan. A Landscape Plan shall meet the minimum requirements of Article 9.25 of the UDO and include the following information:

      1.   A scaled plan show the placement of individual plants on a site in relation to all improvements and existing plants including a table identifying all plantings proposed to be installed.

      2.   The Project name and address,

      3.   Subdivider's contact information including name, address and telephone number,

      4.   Location me of all existing and proposed property lines,

      5.   Location and name of all existing and proposed streets (public and private),

      6.   Location of all existing and proposed utilities, both overhead and underground, and their easements,

      7.   Existing or proposed grading,

      8.   Location of all existing and proposed site improvements including, but not limited to buildings, parking lots, driveways, fences, walls, light poles, and dumpsters,

      9.   Identify all plants, fencing, walls, and mounding required by the UDO for screening purposes,

      10.   The species (common name and botanical name), location and crown spread to scale of all trees existing on the site prior to construction with a caliper of 6 inches or greater at common breast height.

      11.   Identify all existing trees to remain on the site, including a plan for how those to be retained will be preserved and if credit is to be given in-lieu of required new plantings,

      12.   Identify all existing trees proposed to be removed,

      13.   Show vehicle sight distances in accordance with Article 9.31 of the UDO,

      14.   All landscaping materials shall meet the minimum specifications and standards described in the "American Standard for Nursery Stock," 1986 or as may be amended, published by the American Association of Nurserymen, 1250 I Street, N.W., Suite 500, Washington, D.C. 20005.

   K.   Reserved. (Ord. 16-13)

   L.   Reserved. (Ord. 16-13)

   M.   Lighting Plan: A preliminary or a final Lighting Plan shall be provided at the time of submittal of any Development or Site Plan. The plan shall be submitted along with other required site information to the City Planner to coordinate review by City departments. A final Lighting Plan must be submitted to the City Planner subsequent to approval of any Development or Site Plan and prior to applying for CZC.

      1.   Scaled building plans, site plans and elevations shall be submitted showing property boundaries, building location(s), parking lot layout, driveways, pedestrian pathways, all building entrances, adjacent rights-of-way, north arrow, scale, address or legal description, and locations of all luminaries, controls, and electrical transformers.   

      2.   Cut sheets (profiles) shall be submitted for all proposed exterior luminaries and poles.

      3.   Scaled iso-foot-candle plots and/or point-by-point foot-candle layouts shall be submitted demonstrating compliance.

      4.   During the design and/or construction process after Planning Department approval, changes shall be reviewed for re-approval prior to final acceptance.

      5.   Preliminary Lighting Plans including exterior building, parking lot, and site lighting. Sample cut sheets indicating pole and luminary height, color, temperature, as well as intensity of illumination in foot-candles on a point-by-point iso-foot-candle map shall also be provided.

   N.   Sign Plan: A sign plan shall be provided at the time of the Development Plan or Site Plan submittal as may be required to assure compliance with the UDO, including Staff only review, with ability to refer to Planning Commission and Board of Architectural Review, and will include:

      1.   Name and address of the owner of the sign;

      2.   Name and address of owner or the person in possession of the premises where the sign is located or to be located;

      3.   Clear and legible drawings showing the location of the sign(s) that are subject to the permit including the sign's location with respect to existing right-of-way and property lines and all other existing signs that are on the same premises; and

      4.   Drawings showing the dimensions, supporting structure, sizes, electrical wiring and components, sign materials, and method of attachment.

   O.   Site Plan – Major: An application form shall be completed by the developer/subdivider and submitted with the Major Site Plan. The application form shall be provided by the Planning Department. The submittal requirements for a Major Site Plan include the following: (Ord. 17-14)

      1.   Name and address of current property owner or designated agent;

      2.   An accurate legal description prepared by, or certified by, a registered surveyor of the state;

      3.   A property location map showing existing property lines, easements, utilities, and street rights-of-way;

      4.   A site plan, prepared by a civil engineer, landscape architect, or architect drawn at a suitable scale not to exceed 1 inch equals 100 feet indicating use, location, and height of existing and proposed buildings and structures, including accessory buildings, structures and uses, along with notation of the development standards for building spacing, setback from property lines, and maximum building heights along with a notation of the development standards for maximum building height. The site plan should also show the location and configuration of off-street parking and loading areas, the arrangement of internal and in-out traffic movement including access roads and drives and the location of signs related to parking and traffic control;

      5.   Topographic maps with sufficient elevations to show existing and generally proposed grading contours, major vegetation features, wooded areas and existing trees over 6 inches in diameter measured at the average breast height;

      6.   Preliminary landscape plan indicating location of existing plants; proposed plantings, including planting height and caliper of proposed trees measured at the average breast height; berming configuration; and height and material of any proposed retaining or decorative wall or fence;

      7.   Elevation drawings of proposed structures, floor plans, exterior construction materials, by type and color;

      8.   Summary table showing total acres of the proposed development; number of acres devoted to each type of residential and/or non-residential use including streets (right-of-way) and open space; number of dwelling;

      9.   Buildings by type; total building square footage; and overall density (units per acre) and intensity (lot coverage);

      10.   Preliminary grading and stormwater management plan;

      11.   Other information necessary for the evaluation of existing site conditions and proposed development as deemed necessary by the City Planner and/or the Planning Commission; and

      12.   Final Grading Plan, Lighting Plan, Landscape Plan, Sign Plan and overall Site Plan shall be provided prior to the issuance of a Certificate of Zoning Compliance.

   P.   Site Plan – Minor: The Minor Site Plan shall be provided at the time of submittal. An application form shall be completed by the developer or subdivider and submitted with the Minor Site Plan. The application form shall be provided by the Planning Department. Submittal requirements for a Minor Site Plan include the following:

      1.   General layout plan with existing and proposed property lines, showing all proposed property lines with typical dimensions, yards and setbacks;

      2.   Proposed and existing buildings on site with general sketch floor plans and building elevations;

      3.   Building height shown on building elevation drawings including materials by type and color;

      4.   List of property owners and labeling of adjacent property owners;

      5.   Square footage of existing and proposed buildings;

      6.   Zoning of property and existing use on site, including adjacent use and zoning;

      7.   Final grading plan, stormwater plan and landscape plan;

      8.   Street and parking lot layout, including street rights-of-way, drive aisles, parking spaces, and sidewalk location; and,

      9.   Final water and sewer plan.

   Q.   Subdivision – Major: Preliminary Plat (Ord. 16-13)

      1.   An application form shall be submitted with the Preliminary Plat maps and required supplemental information. The required fees shall be paid at the time of application submittal. The City Planner shall certify the receipt of a complete application package meeting the requirements of the Article 5.11 of the UDO.

      2.   The Preliminary Plat should be drawn on a 24-inch by 36-inch sheet(s) to a scale determined by the City Planner. When more than 1 sheet is required, an index shall be incorporated into the title block. The City Planner may approve the consolidation of the submittal requirements provided the intent of this Section is met. The Preliminary Plat shall contain the following information at a minimum:

         a.   Name and address of developer, property owner or designated agent, land planner, landscape architect, engineer and/or surveyor;

         b.   Adjoining property owners, deed references and/or recorded subdivision names, recording references and adjoining property structures or as specified by the City Planner;

         c.   Vicinity map (section and range);

         d.   The ownership, acreage and boundaries of all adjacent properties to the subdivision or as specified by the City Planner. If a recorded subdivision adjoins the subject site, the subdivision name, lot numbers and recording number shall be indicated with dashed lines;

         e.   North arrow;

         f.   Title block shall be in the lower right-hand corner. The title block shall include title "Preliminary Plat", sheet title, proposed subdivision name, developer and preparer, scale of the plan, tax map and parcel numbers, sheet index, date and revisions numbered and dated;

         g.   Boundary of the proposed subdivision clearly indicated by a heavy line with bearings and distances; and,

         h.   Existing topography at two-foot intervals for slopes between 2 and 10 percent and at 10-foot intervals for slopes greater than 10 percent. Contour lines shall be indicated at least 50 feet beyond the subdivision boundary. For slopes under 2 percent, one-foot contour intervals shall be shown.

      3.   Existing Conditions Map: The Existing Conditions Map and text shall indicate the subdivision and all property within 200 feet of the subdivision or as specified by the City Planner, the following conditions depicted to scale:   

         a.   Existing generalized natural features, topographic map of existing site;

         b.   Existing zoning;

         c.   Acreage of property;

         d.   Existing utilities, including: water; sanitary sewer and stormwater facilities, (indicating approximate pipe sizes and directions of slope); underground transmission lines; electric and telephone poles; street lights; fire hydrants; landfills; and public utility easements;

         e.   Existing streets and roads, including: locations, widths and names of all streets and roads; existing easements; and streets which have been preliminarily approved or recorded but which remain unimproved shall be indicated;

         f.   Existing community facilities, including parks and recreation facilities; and

      4.   Proposed Subdivision Plan - The following proposed improvements are to be superimposed on top of the Existing Conditions Map:

         a.   Proposed generalized land use, including proposed building footprint(s);

         b.   Proposed layout of all proposed and existing lots with approximate dimensions and area in square feet (acres if lot size is greater than 100,000 square feet), section number, phase number and parcel number, building lines, lot frontages and required setbacks;

         c.   Lot numbers in numerical order throughout the entire subdivision;

         d.   The location, dimensions, use and area of all property proposed to be reserved or temporarily reserved for public use, or reserved for the use of all property owners in the subdivision and the location, dimensions and purposes of any proposed easements; and

         e.   Total number of lots, area of lots and parcels, area of public roadways, areas of public and private open space dedications, and total area of the subdivision.

      5.   Proposed Water, Sanitary Sewer, and Stormwater systems - The following improvements are to be superimposed on top of the Existing Conditions Map:

         a.   Proposed water system;

         b.   Proposed sanitary sewer system;

         c.   Proposed drainage and stormwater management systems, including: the type of structures; drainage easements; proposed changes in topography; the 100-year floodplain (floodway and floodway fringe shall be indicated separately); and

         d.   A preliminary storm drainage study including an evaluation of drainage structures and/or drainage systems, both upstream and downstream, affected by the drainage from the area covered by the Preliminary Plat, as directed by the City Engineer.

      6.   Proposed Vehicular and Pedestrian Systems - The following improvements are to be superimposed on top of the Existing Conditions Map:

         a.   Proposed streets and roads, including: widths of rights-of-way and pavements; tentative profiles of each street centerline; tentative horizontal curve data; and typical cross sections of each type of street proposed;

         b.   Proposed sidewalks and bike paths, including: locations; widths of rights-of-way; surface widths; and typical cross sections; and

         c.   Proposed locations of street trees and landscape features.

      7.   Proposed Sedimentation and Erosion Control: The following improvements are to be superimposed on top of the Existing Conditions Map:

         a.   Locations and extent of tentative erosion and sedimentation control measures; and

         b.   A preliminary grading plan for the entire area covered by the Preliminary Plat.

   R.   Subdivision – Major: Record Plat (Ord. 16-13)

      1.   An application form shall be submitted with the Record Plat maps and required supplemental information. The required fees shall be paid at the time of application submittal. The City Planner shall certify the receipt of a complete application package meeting the requirements of the Article 5.11 of the UDO.

      2.   The Record Plat should be drawn on a 24-inch by 36-inch sheet(s) to a scale determined by the City Planner. When more than 1 sheet is required, an index shall be incorporated into the title block. The City Planner may approve the consolidation of the submittal requirements provided the intent of this Section is met.

      3.   Record plat shall include the subdivision design and layout in accordance with the approved Preliminary Plat or Development Plan.

      4.   Boundary Lines: All plat boundary lines with lengths of courses to hundredths of a foot and bearings to half minutes. These boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed with an error of closure of not to exceed one to ten thousand.

      5.   Recorded Streets: The exact location and the width along the property line of all existing recorded streets intersecting or paralleling the boundaries of the tract.

      6.   Bearings: True bearings and distances to nearest established street bounds, patent or other established survey lines, or other official monuments, which monuments shall be located or accurately described on the plat. Any patent or other established survey or corporation lines shall be accurately monument-marked and located on the plat, and their names shall be lettered on them. A Closure Report shall be provided. (Ord. 5-18)

      7.   Monuments: The accurate location and material of all permanent reference monuments.

      8.   Site Layout: The exact layout including:

         a.   Streets and alley lines – their names, bearings, angles of intersection and widths (including widths along the line of any obliquely-intersecting street);

         b.   The chord length of all arcs – radii, points of curvature and tangent bearings;

         c.   All easements and rights-of-way, when provided for or owned by public services (with the limitation of the easement rights definitely stated on the plat); and

         d.   All lot lines with dimensions in feet and hundredths, and with bearings and angles to degrees, minutes and seconds if other than right angles to the street and alley lines.

         e.   Lot Numbers: Lots shall be numbered in numerical order.

         f.   Property Offered for Dedication: The accurate outline of all property which is offered for dedication for public use, and of all property that may be reserved by covenant in the deeds for the common use of the property owners in the subdivisions, with the purpose indicated thereon. All lands dedicated to public use other than streets or roads shall be marked "Dedicated to the Public". Streets and roads not dedicated shall be marked "Private Street."

         g.   Setback Lines: As shown on the preliminary plat. Side and rear setbacks marked "for reference only" do not constitute a separate covenant.

         h.   Name of Subdivision: Name of subdivision and name or number of the largest subdivision or tract of which the tract now subdivided, forms a part and section number, if part of a larger subdivision.

         i.   Adjoining Lands: Names and locations of adjoining subdivisions and location and ownership of adjoining un-subdivided property.

         j.   Names of Owners: Names and addresses of the owner of record, the Subdivider, and of the engineer or surveyor.

         k.   All record plats shall include a north arrow, scale, date and title.

         l.   Owner's Certificate: A certificate by the owner of the land to the effect that he has caused said land to be platted and that he dedicates to public use the streets, parks and other lands indicated on the plat as intended for public use. This certificate shall be executed as a conveyance is executed.

         m.   Engineer's Certificate: A certificate by a registered professional engineer or surveyor to the effect that said plat was prepared by him, pursuant to an actual survey of the premises and that said plat is correct.

         n.   Construction Documents: The Record plat shall include construction drawings and specifications of improvements. This shall be a set of construction plans prepared by a registered professional engineer that shall include typical sections, plan and profile views, construction details, and estimates of quantities. A set of construction drawings and specifications for all improvements shall be provided to the City Engineer for approval including the following:

            i.   The centerline or top of curb profile of each proposed street, with tentative grades indicated;

            ii.   The cross-section of each proposed street, showing the width of pavement, the location and width of sidewalks and the location and size of the utility mains and thickness of materials specified;

            iii.   The plans and profiles of proposed sanitary sewers and storm water sewers, with grades and sizes indicated, or method of sewage or storm water disposal in lieu of sewers;

            iv.   A plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants; and

            v.   A stormwater drainage plan showing all existing and proposed storm sewers, manholes, catch basins, watercourses, culverts and other underground structures within the tract and immediately adjacent thereto, with pipe sizes and grades, waterway openings indicated thereon. The drainage plan shall show the method to be used for the adequate disposal of all storm water, including drainage outlets, and such other data as may be required by the City Engineer and Section 9.35 of the UDO.

         o.   Performance Bond/Security for Construction: In lieu of constructing improvements, the Subdivider may apply for Record plat approval by insuring completion of the required improvements in accordance with Article 9.17A of the UDO.

         p.   Maintenance Bond: The Subdivider shall provide a Maintenance Bond in accordance with Article 9.17A of the UDO.

         q.   Inspection of Improvements: The Subdivider shall contact the City Public Works Office to schedule inspections of work performed in accordance with Article 9.17B of the UDO.

         r.   Inspection Fees: Inspection fee(s) shall be paid at the time the Record Plat original mylar is submitted to the Clerk of Council for signature to provide for inspection of the work sufficient, in the opinion of the City Engineer, to insure compliance with the plans and specifications.

         s.   Parkland Dedication: The proprietor of each new residential subdivision in the City, as a prerequisite to the approval of the Record plat thereof on behalf of the City, shall dedicate parkland or pay a fee in-lieu of parkland dedication to the City, in accordance with the provisions of Section 9.47.

   S.   Subdivision – Minor: The Minor Subdivision (lot split) shall be provided at the time of submittal. An application form shall be completed by the Subdivider and submitted with the Minor Subdivision. The application form shall be provided by the Planning Department. In order to be complete and to be accepted for review and processing, all Minor Subdivision proposals must be legible and include or comply with the following: (Ord. 16-13)

      1.   Contact information including the name, address, telephone number, and e-mail address of the property owner;

      2.   Contact information including the name, address, telephone number, and e-mail address of the surveyor or preparer of the Minor Subdivision;

      3.   Plans shall include a north arrow, scale, date and title.

      4.   Location information including: location map, adjacent roads, adjacent parcel ownership, proposed easements of access and other information that the City Planner may require.

      5.   Acreage of the proposed new lot and the remaining property resulting from the division of the original parcel, including existing and proposed boundaries;

      6.   All other natural and built features or conditions that, in the determination of the City Planner are directly relevant to the ability of the proposed lot(s) to be used per the regulations established by the UDO;

      7.   Existing topography shall be provided at two-foot intervals for slopes under 10 percent and 10-foot intervals for slopes greater than 10 percent or as approved by the City Planner if topographic characteristics of the site and/or adjacent properties indicates possible development constraints if subdivided;

      8.   Any and all proposed easements, reserve areas or no-build zones; and

      9.   A filing fee is filed with the City Planner for the Minor Subdivision at the time of submission.

   T.   Temporary Use: A Temporary Use application shall be provided at the time of submittal. An application for a temporary use shall be filed with the City Planner on a form prescribed by the City Planner, along with the fee for such permit and the following information: (Ord. 16-13)

      1.   A sketch plan showing the boundaries of the property;

      2.   The use of adjacent properties identified and labeled;

      3.   The location of the temporary use or structure on the property; and

      4.   Location of all existing buildings, structures, parking lots, and other physical improvement on property.

   U.   Landmarks: (Ord. 16-13)

      1.   Identification, Review and Designation of Individual Landmarks: See Section 9.45 B. of the UDO.

      2.   Procedural Requirements: All procedures for site or development plans contained in the UDO that apply to the Architectural Preservation District shall apply to all designated landmarks. In addition, when a designated landmark is located within a planned development zoning district, all review procedures contained in the UDO shall apply, except that the Board of Architectural Review shall also review the application and recommend action to the Council.   

      3.   Procedure to Designate or Rescind Landmark Status: See Section 9.45C. of the UDO.

      4.   Public Hearing Required: A Public Hearing shall be required to designate a Landmark or to rescind Landmark Status. A public hearing to amend this chapter shall be conducted in accordance with Article 5.06(C), Public Hearing for a Rezoning or Amendment to the Zoning Ordinance of the UDO.

   A.   Building Permit:

      1.   Definition: A permit issued by the Chief Building Official authorizing the erection, construction, reconstruction, alteration, repair, conversion, or maintenance of any building, structure or portion thereof. Such permit shall not be issued without the signature of the City Planner, certifying compliance with this UDO.

      2.   Process: An application for a building permit shall be filed with the Chief Building Official on a form prescribed by the Director, along with the fees and charges for building permits and inspections. Each application for a building permit shall contain or be accompanied by such information and plans as required on the application form and as otherwise required by the Chief Building Official. The City Planner and any other applicable departments shall review the application and any required plans in order to determine whether the proposed work complies with the applicable provisions of this UDO and all other applicable City ordinances and construction regulations.

   B.   Certificate of Occupancy Permit:

      1.   Definition: A new building or part of a new building, an addition or enlargement of any existing building, or an existing building may be occupied after being altered or moved, and a change in use or occupancy of any building may be made in any existing building only after the Chief Building Official and City Planner has issued an occupancy permit stating that the building and/or the proposed use complies with the provisions of the UDO. An occupancy permit shall be required for the purpose of maintaining, renewing, changing, or extending a use.

      2.   Permit Process: In issuing an occupancy permit the City Planner shall follow the requirements set forth in Section 5.11(B).

   A.   Definition: A variance may be granted allowing deviations from the height, mass, setback, parking, or other dimensional requirements established by the zoning and subdivision provisions of the UDO where practical difficulties unique to the property in question prevent full compliance with such provisions.

   B.   Variance Process: The Planning Commission has the authority to grant variances. The Planning Commission may authorize, in specific cases, such variance from the terms of this UDO as will not be contrary to the public interest.   

      1.   Pre-application Meeting: The applicant may meet with the City Planner prior to submitting a variance request for consideration by to the Planning Commission. Following the conclusion of the meeting, the City Planner shall forward to the applicant a written summary of the results of the pre-application meeting including recommendations and all attached comments.

      2.   Preliminary Review by the City Planner: Upon receipt of an application, the City Planner shall, within 5 days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the City Planner shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If it is complete, the City Planner may forward the application to the TRC.

      3.   Variance Review by the TRC: The TRC shall review the application after the City Planner determines that the application is complete and forward its comments within 5 days to the City Planner. The City Planner shall forward copies of all documents filed with the Planning Department to the Planning Commission along with any report or recommendation of the TRC.

      4.   Planning Commission Hearing: The Planning Commission shall conduct a public hearing in accordance with Article 5.06(D) of the UDO.

      5.   Planning Commission Action: The Planning Commission may approve the variance as requested; approve with modifications by the Planning Commission; or deny the variance. The Planning Commission shall indicate the specific reasons(s) for its recommendation.

      6.   Additional Conditions and Safeguards: The Planning Commission may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.

   C.   Expiration of the Variance: Variances shall expire one year from the date of enactment, unless prior thereto the applicant applies for a building permit in accordance with the granted variance. There shall be no modification of variances except by further consideration of the Planning Commission. Extension of variances, without modification, may be applied for prior to the date of expiration, if the Variance does not carry a prohibition against the extension. Extensions may be granted by the Planning Commission if it finds that the requested extension is consistent with the purpose, policies, and intent of the Community Plan, and the specifications of the UDO. Requests for renewal of an expired Variance shall be considered to be the same as an application for a Variance and shall meet all requirements for application and review pursuant to Section 5.17.

   D.   Standards for Approval: The following factors shall be considered and weighed by the Planning Commission in determining practical difficulty or hardship:

      1.   The granting of the Variance shall be in harmony with the general purpose and intent of the regulations imposed by this ordinance on the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare;

      2.   The granting of the Variance will not permit the establishment of any use which is not otherwise permitted in the district;

      3.   There must exist unique circumstances or conditions applicable to the land or buildings where strict application of this ordinance would deprive the applicant reasonable use of his property. Mere loss in monetary value shall not justify a Variance;

      4.   There must be proof of hardship resulting from the strict application of this ordinance that was not created by the property owner. Economic gain or profit is not sufficient proof that a Variance should be granted;

      5.   The granting of the Variance is necessary for the reasonable use of land or buildings and the variance as granted is the minimum Variance that will accomplish this purpose;

      6.   The granting of the Variance will not infringe on the rights of neighboring property owners to use their property, diminish property values, endanger the public safety, or create a public nuisance; and

      7.   The granting of the Variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same zoning district.

      8.   See Section 9.37 W. for additional standards as they apply to a variance from the Floodplain Design Standards.

   E.   Submittal Requirements: An application for a Variance shall be filed on a form provided by the City Planner, and shall be accompanied by the following requirements:

      1.   Name, address, and phone number of applicant(s) and property owner or designated agent;

      2.   Proof of ownership, legal interest or written authority;

      3.   Legal Description of property or portion thereof;

      4.   Description or nature of variance requested;

      5.   Narrative statements establishing and substantiating the justification for the variance pursuant to Section 5.17(D);

      6.   Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;

      7.   Payment of the application fee as established by City Council; and,

      8.   Any other documents deemed necessary by the City Planner.

   A.   Responsibility: This Section identifies the responsibility for hearing appeals and establishes the appeals process for decisions made by the Administration the Planning Commission and the Board of Architectural Review.

      1.   Appeal of Administrative Action: Any person or party adversely affected by the improper application of these regulations regarding any order, requirement, decision, or determination made by the City Planner, or a designated representative, in the administration or enforcement of the UDO may appeal to the Planning Commission.

      2.   Appeal of the Planning Commission or Board of Architectural Review: Any person or party adversely affected by the improper application of these regulations regarding any order, requirement, decision, or determination made by the Planning Commission or Board of Architectural Review may appeal to the City Council. (Ord. 16-16)

      3.   Appeals of a City Council Decision: Appeals of a City Council decision shall be to the Montgomery County Court of Common Pleas. (Ord. 16-16)

   B.   Appeals to the Planning Commission: The following outlines the appeals process and notification requirements for appeals to the Planning Commission from an administrative decision: (Ord. 17-14, 16-16)

      1.   Such appeal shall be made within 15 days from the date of the action appealed from, by filing a notice of appeal with the City Clerk of Council. The City Planner shall transmit to the Planning Commission all the papers constituting the record upon which the action appealed from was taken.

      2.   Planning Commission Hearing: The Planning Commission shall conduct a public hearing in accordance with Article 5.06(D) of the UDO.

      3.   The Planning Commission shall hear the application or appeal at its first meeting occurring after such required publication and notice. It shall decide the case within 30 days from the date of such hearing. At the hearing, any party may appear in person or be represented by an agent or attorney.

      4.   At least four (4) votes in support of the Appeal Petition are required to overturn a decision made by the City Planner, or a designated representative.

   C.   Appeals to City Council: The following outlines the appeals process and notification requirements for appeals from a Planning Commission or a Board of Architectural Review decision (BAR) to City Council: (Ord. 17-14, 16-16)

      1.   Such appeal shall be taken within 15 days after the final action of the Planning Commission or BAR by filing a written notice of such appeal with the City Clerk of Council. No decision of the Planning Commission or the BAR shall take effect until the expiration of 15 consecutive calendar days from the date of the meeting at which such decision is announced.

      2.   City Council Hearing: The City Council shall conduct a public hearing in accordance with Article 5.06(D) of the UDO.

      3.   A proper permit may be issued for construction before the expiration of the 15 day waiting period provided all of the following conditions exist:

         a.   Required notices have been given and not dispensed with by the Planning Commission or BAR;

         b.   There are no written objections filed by any person aggrieved by the decision;

         c.   There are no objections stated at the hearing of the Planning Commission or BAR by any person aggrieved by the decision;

         d.   No appeal to Council has been filed with the Clerk of Council by any person aggrieved by the decision of the Planning Commission or BAR prior to the issuance of the permit; and

         e.   The applicant has filed a hold harmless application for the waiver of the 15 day waiting period specifically acknowledging the rights of anyone appealing the decision of the Planning Commission or BAR and that the applicant understands he proceeds at his peril.

      4.   At least four (4) votes in support of the Appeal Petition are required to overturn a decision of the Planning Commission or BAR.

   D.   Procedures for Granting an Appeal: The Planning Commission or City Council may affirm, reverse, vacate, or modify the order, adjudication, or decision of a subordinate body or choose to remand the case to the subordinate body with instructions to enter an order, adjudication, or decision consistent with the findings of the Planning Commission or City Council. In making its decision, the Planning Commission or City Council shall consider the Standards of Approval for the subject application as noted in Article 5.09. (Ord. 16-16)