Elizabethtown City Zoning Code

DEVELOPMENT PLAN

§ 154.105 INTENT AND PURPOSE.

(A) This subchapter establishes and defines development plans which may be utilized for a wide variety of planning related procedures. This subchapter outlines the procedure for submission and content of all development plans required by these regulations unless another procedure or different contents are specified elsewhere.

(B) The purpose in requiring submission of a development plan is to assure compliance with the standards and requirements of the zoning chapter and other city ordinances for all construction, with the intent of implementing the community’s comprehensive plan and promoting the public health, safety, morals and general welfare through planned development. It is the intent of the development plan submission to provide as much information to all city departments and public agencies for their reviews, in an effort to streamline the approval process for developers and owners.

(Ord. 06-2008, passed 6-16-2008, § 3.0)

§ 154.106 DEVELOPMENT PLAN REQUIRED.

Development plans shall be required as follows:

(A) For map amendment requests. Exception: If large tracts are involved a preliminary plat may be substituted;

(B) For new construction of a church, school, commercial, institutional or industrial building;

(C) For the enlargement, addition, exterior alteration or extension of a church, school, commercial, institutional or industrial building;

(D) For new construction of multi-family structures of three or more dwelling units on a single lot. This includes the conversion or alteration or addition to existing structures into multi-family units of three or more;

(E) When there is to be more than one principal structure on a lot;

(F) For conditional use permits;

(G) For variances, except when for a single-family or two-family use;

(H) For the conversion of a residential structure to a commercial or industrial use or for a change in use of a commercial or industrial structure when parking, perimeter landscape screening or other similar improvements are required or changed;

(I) For installation of parking areas of five or more spaces;

(J) For developments requiring review under the commercial design guidelines found in §§ 154.130 through 154.136; and

(K) Exception: For temporary structures, such as tents and fireworks tents, that are erected for less than six months, however, a site sketch with sufficient information to assure that vehicular and pedestrian access are properly maintained may be required by the Department to obtain the required construction permit.

(Ord. 06-2008, passed 6-16-2008, § 3.1; Ord. 10-2014, passed 4-7-2014; Ord. 24-2016, passed 12-19-2016)

§ 154.107 DEVELOPMENT PLAN PROCEDURES.

(A) Generally. To formally request action on the required development plan, the applicant shall file a completed application form, a filing fee, and two copies of the plan. After departmental or Commission review, the applicant shall then provide an original Mylar and four copies of the final plan, signed by the applicant, for full approval. The procedure for development plans differs based upon the type of plan.

(B) Pre-application conference required.

(1) When a development plan is required and meets any of the following thresholds a pre-application conference shall be required. They are:

(a) Multi-family developments containing in excess of 24 units;

(b) Commercial developments requiring commercial design guideline review or when a building exceeds 15,000 square feet in floor area;

(d) Shopping center developments.

(2) The Department shall arrange the conference which shall be held not less than five working days nor greater than three months prior to the filing date. The Department shall keep a record of the conference date and include the information in the record of the development plan application. The Department shall not accept an application for a development plan meeting the above criteria for which a pre-application conference has not been held.

(1) Review. The Department and concerned agencies shall meet to review the development plan for the purpose of resolving all differences and to make recommendations to the Planning Commission. These meetings shall be open to the applicant.

(2) Action. At the public hearing for the map amendment request, the Commission shall act in the following form:

(a) Approval. The Commission may approve the development plan as submitted. In cases where the map amendment request is later disapproved by the City Council, this action is automatically disapproval;

(b) Approval with conditions. The Commission may approve the development plan with conditions and require amendments to the plan and/or completion of all conditions, for either Commission or Department approval, before full approval is granted;

(c) Postponement. The Commission may postpone its decision but must approve or disapprove the plan no later than 30 days from City Council action on the map amendment request; or

(d) Disapproval. The Commission may disapprove the development plan and shall state in writing its reasons for disapproval. To be reconsidered, a new development plan shall be submitted to the Department, and must be approved or disapproved by the Commission within 60 days of resubmission to the Department.

(D) All other development plans; review. The Department and concerned agencies shall meet to review the development plan for the purpose of resolving all differences. These meetings shall be open to the applicant.

(1) Action. The Department or Commission when required by this chapter shall act within 30 days of submission in the following form.

(2) Approval. The Department or Commission may approve the development plan as submitted;

(3) Approval with conditions. The Department or Commission may approve the development plan with conditions and require amendment to the plan and/or completion of all conditions before granting full approval;

(4) Resubmission. The Department may review the plan and submit review comments to the owner and/or owner’s agent listing items that must be provided, corrected or completed for additional review before full approval; or

(5) Disapproval. The Department or Commission may disapprove the development plan and shall state in writing, its reasons for disapproval. To be reconsidered, a new development plan shall be submitted to the Department, and must be approved or disapproved within 30 days of submission to the Department.

(Ord. 06-2008, passed 6-16-2008, § 3.2; Ord. 10-2014, passed 4-7-2014; Ord. 24-2016, passed 12-19-2016; Ord. 05-2017, passed 6-5-2017)

§ 154.108 CERTIFICATION OF APPROVAL.

Within two months of approval or within six months of an approval with conditions, unless a time extension has been granted previous to the expiration, the following shall be completed, or else the approval becomes null and void:

(A) The developer shall fully comply with any conditions of approval placed on the plan and submit the completed original of the plan to the Department with signatures affixed; and

(B) A plan shall be certified by the Planning Commission Chairperson or the Director of the Department if it is in conformance with all requirements.

(Ord. 06-2008, passed 6-16-2008, § 3.3; Ord. 05-2017, passed 6-5-2017)

§ 154.109 CONSTRUCTION COMMENCEMENT.

Any approved development plan shall become invalid if the authorized work has not commenced within one year of plan approval. To be reconsidered, a new development plan shall be resubmitted to the Department for approval.

(Ord. 06-2008, passed 6-16-2008, § 3.4)

§ 154.110 APPROVAL OF DEVELOPMENT PLAN BEFORE BUILDING PERMIT.

When a development plan is required, no building permit shall be issued until a development plan is approved, and the plan is certified by the Planning Commission Chairperson or the Director of the Department and is filed with the Department. The approved development plan shall limit and control the issuance of all building and occupancy permits, and restrict the construction, location and use of all land and structures to the conditions as set forth in the plan.

(Ord. 06-2008, passed 6-16-2008, § 3.5)

§ 154.111 COMPLETION OF SITE IMPROVEMENTS BEFORE OCCUPANCY.

Prior to the issuance of a final certificate of occupancy, all site improvements as shown on the development plan and as required in the chapter shall be completed. However, a temporary certificate of occupancy may be issued prior to the completion of all site improvements.

(Ord. 06-2008, passed 6-16-2008, § 3.6)

§ 154.112 CONTENT OF DEVELOPMENT PLAN.

Required plan information shall be as follows (unless certain items are waived by the Department):

(A) All plans shall be prepared by using an engineering drafting scale and shall be a minimum of 18 inches by 24 inches. The plan’s scale shall be approved by the Department upon submission but typically should be one inch equals 100 feet or less;

(B) The title block shall be placed on the bottom right corner of the sheet and shall contain the plan name, preceded by the words “Development Plan For (name of development)” with a written and graphic scale, north arrow, the name and address of the developer and plan preparer and the development address;

(C) The boundary of the subject property, its record plat designation (if available) and a record plat name or owner’s name(s) of all adjoining property;

(D) A vicinity sketch, oriented in the same direction as the design scheme;

(E) Zoning classification of all abutting properties, including those across any street, railroad or other public way;

(F) Topography with spot elevations adequate to determine parking lot grades and site grades relative to accessible routes to the building and positive drainage from the building. A separate site grading and drainage plan may be required for Storm Water Department approval;

(G) Building finished floor elevation(s);

(H) Size, location, height, floor area, number of stories and use of all proposed and/or existing buildings and signs, including service structures;

(I) Location, arrangement and dimensions of existing and proposed driveways, walkways, parking areas and arrangement of parking spaces. Including the location of all street entrances and access points and their respective grade and curb radius;

(J) Location of any proposed or existing streets within or abutting the subject property. Including the existing elevation at the street in relation to the site;

(K) Screening, landscape buffering, recreational and other open space areas including notes on landscaping material used. A separate landscape plan may be required by the Department or Commission;

(L) Floodplains, storm water retention/detention areas and any other designated environmentally sensitive or geologic hazard areas;

(M) A note relating to a review of the local FIRM determining the property’s inclusion in or exclusion from a special flood hazard area;

(N) Proposed and existing easements for utilities or other purposes;

(O) Utility connections for items such as water, sanitary sewer, natural gas and electric service, including the location of regulator stations, transformers, fire hydrants and fire protection and water meter vaults;

(P) Areas of existing trees including those located along fence rows and drainage areas;

(Q) Notes relative to any special restrictions on the property, such as, access, shared features (entrances, parking or drive lanes), record plat restrictions/covenants, maintenance of common areas and/or architectural building elements;

(R) A statistical summary of all pertinent site data (this information should be listed in acreage, square footage and/or percentage of the site as applicable), including site area, zoning, use, building coverage and floor area, parking and open space areas, number of parking spaces, number of dwelling units, building height, landscape categories;

(S) A Storm Water Department certification as follows: “I do hereby certify that the appropriate storm water plans for this development have been reviewed by this office and are approved.” ___________________ Storm Water Manager signature, ___________Date;

(T) An improvement certification as follows: “I do hereby certify that the appropriate utility plans for this development have been reviewed by this office and are approved.” _____________ City Engineer signature, ___________ Date, ___________________ Hardin County Water District #2 signature, ___________ Date;

(U) An Owner Certification as follows: “I (we) do hereby certify that I am (we are) the only owner(s) of the property shown herein, do adopt this as my (our) development for the property and agree to complete all site improvements shown hereon in their entirety prior to receiving a certificate of occupancy to use and occupy the building(s) and property. I (we) further assure and understand that the building and premises, including all landscape materials shall be maintained in a proper manner.”___________________ Owner signature, ___________ Date; and

(V) A commission certification to be signed by the Planning Commission Chair or the Director of the Department as follows: “I do hereby certify that this development plan meets the requirements set by the City of Elizabethtown and is approved”. ___________________ Commission Chair or Department Director signature, ___________ Date.

(Ord. 06-2008, passed 6-16-2008, § 3.7)

§ 154.113 CONTENT OF CONCEPTUAL DEVELOPMENT PLAN.

(A) Under certain conditions the Commission or Department may allow the submission of a conceptual development plan with a map amendment request.

(B) Required plan information shall be as follows (unless certain items are waived by the Department):

(2) The title block shall be placed on the bottom right corner of the sheet and shall contain the plan name, preceded by the words “Conceptual Development Plan For (name of development)” with a written and graphic scale, north arrow, the name and address of the developer and plan preparer and the development address;

(3) The boundary of the subject property, its record plat designation (if available) and a record plat name or owner’s name(s) of all adjoining property;

(4) A vicinity sketch, oriented in the same direction as the design scheme;

(5) Zoning classification of all abutting properties, including those across any street, railroad or public way;

(6) Location and arrangement of existing and proposed driveways, general location of proposed walkways and parking areas;

(7) Location of any proposed or existing streets within or abutting the subject property;

(8) Size, location, floor area and use of proposed and/or existing buildings and signs;

(9) General location of screening, landscape buffering, parking areas, recreational and other open space areas;

(10) Floodplains, storm water retention/detention areas and any other designated environmentally sensitive or geologic hazard areas;

(11) A note relating to a review of the local FIRM determining the property’s inclusion in or exclusion from a special flood hazard area;

(12) Proposed and existing easements for utilities or other purposes;

(13) Areas of existing trees including those located along fence rows and drainage areas;

(14) A statistical summary of all pertinent site data (this information should be listed in acreage, square footage and/or percentage of the site as applicable), including site area, zoning, proposed use, maximum building coverage and floor area, parking and open space, and number of freestanding signs;

(15) An owner certification as follows: “I (we) do hereby certify that I am (we are) the only owner(s) of the property shown herein and do adopt this as my (our) development concept for the property.” _______________ Owner signature _____________ Date; and

(16) A Commission certification to be signed by the Planning Commission Chair as follows: “I do hereby certify that this conceptual development plan meets the requirements set by the City of Elizabethtown and is approved.” _______________ Commission Chair or Department Director _____________ Date.

(C) Approval of the conceptual development plan allows the applicant to begin preparation of plats, utility and other improvement plans, and a final development plan. Before any building construction can commence, a final development plan shall be submitted and approved.

(D) Conceptual development plan - expiration: Any approved conceptual development plan shall become invalid if no preliminary plat, record plat, development plan or master plan is filed within two years of plan approval. To be reconsidered, a new conceptual development plan shall be resubmitted for approval.

(Ord. 06-2008, passed 6-16-2008, § 3.8; Ord. 20-2011, passed 10-17-2011)

§ 154.114 AMENDMENTS TO DEVELOPMENT PLANS.

Amendments to approved development plans can be made only by the same procedure required for original submission. However, minor amendments which fully meet the requirements herein may be approved and certified by the Director of the Department without further action by the Commission.

(A) Minor amendments.

(1) Defined minor amendments are intended to expedite approval in those situations where amendments are of minor significance and generally relate to the shifting of previously approved spaces.

(2) Such amendments:

(a) Shall not decrease the overall land area in yards or other open space by more than 20%;

(b) Shall not increase building ground coverage, floor area, or height, or number of dwelling units by more than 10%;

(d) Shall not increase the number nor change the location of street access points, except that shifts in the approved access location, not exceeding 25 feet may be approved as a minor amendment where the access point is not located on an arterial street and the city departments or other agency with jurisdiction reviewing the request determine that such relocation will not have a negative effect on traffic safety and movement; and

(e) May include a reduction in floor area or number of dwelling units that would permit a lesser number of minimum required off-street parking spaces than required for the original development plan. To qualify as a minor amendment, this reduction may be equal to, but may not exceed, the difference in minimum required parking between the original plan and the proposed minor amended plan. For any case, where parking in excess of the minimum requirement was approved on the original development plan, the same number of spaces shall be provided in excess of the minimum requirement for the proposed minor amendment.

(B) Procedures for amendments.

(1) Submission. The applicant shall file the following material with the Department: a completed application form, a filing fee, and two copies of the plan. After Departmental review, the applicant shall then provide an original Mylar and four copies of the plan, signed by the applicant, for approval.

(2) Review. The Department shall review the plan for compliance and shall consult with city departments and other agencies as appropriate to ensure proper plan review. Upon determination that all requirements have been met, the Director of the Department shall certify the plan as approved. If any questions arise as to compliance, however, the plan shall be referred to the full Commission for action.

(3) Title content and format of amendments. Amendments shall have the same content and format requirements as the original development plan except that:

(a) The plan title shall be labeled to indicate the plan as an “Amended Development plan For...”;

(b) A note shall be added, listing the exact nature of the amendments; and

(Ord. 06-2008, passed 6-16-2008, § 3.9)

§ 154.115 MASTER PLAN, PLANNED DISTRICT.

Projects developed under the PNR-1, PNR-2 and PNC require the submission of a master plan for review and approval by the Commission.

(A) Content of master plan. Required plan information shall be as follows (unless certain items are waived by the Commission):

(1) All plans shall be done by using an engineering drafting scale and shall be a minimum of 18 inches by 24 inches. The plan’s scale shall be approved by the Department upon submission but typically should be one inch equals 100 feet or less. At least one full scale colored drawing shall be provided. Smaller versions of the plan may be submitted for presentation purposes;

(2) The title block shall be placed on the bottom right corner of the sheet and shall contain the plan name, preceded by the words “Master Plan For (name of development)” with a written and graphic scale, north arrow, the name and address of the developer and plan preparer and the development address;

(3) The boundary of the subject property, its record plat designation (if available) and a record plat name or owner’s name(s) of all adjoining property;

(4) A vicinity sketch, oriented in the same direction as the design scheme;

(5) Zoning classification of all abutting properties, including those across any street, railroad or public way;

(6) Location of any proposed or existing streets within or abutting the subject property;

(7) General location of the various land uses involved in the project, including type of use, total area for each use and overall density designation;

(8) General location of screening, landscape buffering, recreational and other open space areas;

(9) General location of special flood hazard areas, storm water retention/detention areas and any other designated environmentally sensitive or geologic hazard areas;

(10) Existing easements for utilities or other purposes;

(11) Areas of existing trees including those located along fence rows and drainage areas;

(12) General notes listing development types, density and density bonuses applicable;

(13) General circulation patterns for the development, including streets, access locations, parking, sidewalks, paths, bike lanes, trails and bridges;

(14) Information on architectural elements of the buildings, structures and other physical features in the development;

(15) A statistical summary of all pertinent site data (this information should be listed in acreage, square footage and/or percentage of the site as applicable), including site area, zoning, proposed use(s), density, maximum building coverage and floor area, open space, and park areas. Listing this information by sections or phases of the development is acceptable;

(16) An owner certification as follows: “I (we) do hereby certify that I am (we are) the only owner(s) of the property shown herein and do adopt this as my (our) master plan concept for the property.” ______________ Owner signature ______________ Date; and

(17) A Commission certification to be signed by the Planning Commission Chair as follows: “I do hereby certify that this master plan meets the requirements set by the City of Elizabethtown and is approved”. ______________ Commission Chair or designee signature, ______________ Date.

(B) Master plan - final plans. After approval of a master plan by the Commission, the owner/developer shall prepare detailed plans for the improvement of the property for approval by the appropriate agencies. These detailed plans may include, but are not limited to, subdivision plats, subdivision improvement plans, architectural design plans, development plans for individual lots within the master plan development, landscaping plans, erosion prevention and sediment control plans, and signage plans. These plans should be submitted for final approval based on the phasing schedule approved by the Commission.

(C) Master plan - binding elements. In addition to the master plan indicating site features, a binding elements document shall be prepared in written form for each planned district which shall include requirements, provisions, restrictions or conditions imposed by the Commission and any promises, covenants, agreements or restrictions agreed to by the owner/developer. This document shall contain the phasing plan for development of the project. The Commission and the owner/developer shall approve and execute the binding elements document prior to any building permit being issued for construction activity.

(D) Master plan - amendments. Amendments to approved master plans can only be approved by the Commission after a public meeting is conducted following the same procedures and criteria for the initial approval of the master plan.

(E) Master plan - expiration. Any approved master plan shall become invalid if no preliminary plat, record plat, development plan, improvement plan, architectural design plan, signage plan or binding elements is filed within five years of plan approval. To be reconsidered, a new master plan shall be resubmitted to the Department for approval.

(Ord. 06-2008, passed 6-16-2008, § 3.10; Ord. 20-2011, passed 10-17-2011)

§ 154.116 SUBSTITUTION OF SUBDIVISION PLAT FOR DEVELOPMENT PLAN.

In certain cases a preliminary or final subdivision plat would be more appropriate to be considered in conjunction with a map amendment request than a development plan. Generally, such situations involve developments where placement of structures will be tightly controlled by the street, lot patterns and requirements for placement of structures within the zone (typically in a residential development); or involve development of a large tract of land. When a developer is required to provide a development plan, and the developer desires to file a subdivision plat in its place, the developer shall meet with the Department in advance of filing the map amendment request to discuss the appropriateness of a substitution. In any disputed case, the Planning Commission shall have the final judgment as to whether a development plan or a subdivision plat is required.

(Ord. 06-2008, passed 6-16-2008, § 3.11)