A.   The purpose of the design review process is to promote safe, functional and attractive development of commercial, industrial, and multi-family residential areas; to enhance the character of the City's business centers and thoroughfares as a valid general welfare concern; to unify properties, both visually and physically with surrounding land uses; to facilitate a more healthful urban atmosphere; to protect and preserve the unique and cultural features within the City; and to protect the community's property values by enhancing the City's appearance.

   B.   The design review process shall be a function of Planning Commission. The Planning Commission shall review applications, drawings, photographs, material samples, and any other relevant information to promote those qualities in the built environment that bring value to the properties and foster the attractiveness and functional utility of the community as a place to live and work, including a harmonious relationship among structures, landscaping and topography. The Planning Commission may designate City official(s) to act on its behalf to conduct preliminary reviews of all applications and approve projects of a minor nature.

   The Planning Commission or its designated representative’s review shall give consideration to the elements of the application, including, but not limited to:

      1.   Building mass and exterior detail relative to adjacent buildings or site features;

      2.   Materials, texture and color;

      3.   Landscaping, screening, buffering, fencing, and lighting;

      4.   Vehicular and pedestrian access;

      5.   Signage.

   C.   In conducting its inquiry and review, the Planning Commission may request from the applicant such additional information, sketches and data as it shall reasonably require. It may call upon experts and specialists for testimony and opinion regarding matters under examination. It may recommend to the applicant changes in the plans it considers desirable and may accept a voluntary amendment to the application to include or reflect such changes. The Planning Commission shall keep a record of its proceedings and shall attach to the application copies of information, sketches and data needed to clearly describe any amendment to it.

   Design review approval shall be required for all new buildings, building additions and alterations, signs, fences, parking lots and any other site improvement except in-kind repairs, demolition, and interior alterations, in the zoning districts or uses listed herein. In-kind repairs are ordinary maintenance or repairs of any property, area, or object, provided such work involves no change in material, design, dimensions, texture, color, or outer appearance. Flat roofs, which cannot be seen from the ground, may be replaced with any approved material of any texture or color without design review approval. Plans shall be submitted to the Planning Commission for all projects, other than one-, two-, and three-family residences, in the R-MHL, R-MHH, B-N, B-D, B-G, B-AO, POD, L-I, H-I, and S-I zoning districts and for all bed and breakfast establishments, cemeteries, educational institutions, group homes (except Class I, Type B), noncommercial recreation, nursing homes and parking facilities and for other than one-, two-, and three- family nonconforming uses in any zoning classification.

(Ord. 2001-4. Passed 1-16-01; Ord. 2003-167. Passed 10-6-03.)

   All plans or parts thereof shall be prepared and submitted by a State licensed/registered professional such as an engineer, surveyor or architect unless waived by Planning Commission. Plans shall be drawn at a scale of not less than fifty feet to the inch. The plans shall include all of the following items, unless waived by Planning Commission.

   A.   Survey. A survey of the property including permanent parcel number(s), land ownership and existing and proposed topography. Final plans shall also include a plat for the entire development area showing the street right-of-way, easements, watercourses, retention basins, property line dimensions and bearings; surrounding streets and adjoining lots.

   B.   Buildings and Structures. The location, size, height, use, general design, color and exterior facade material of all main and accessory buildings or structures and proposed fences or walls.

   C.   Streets and Sidewalks. The proposed public and private system of circulation including: automobiles, delivery trucks, emergency vehicles and pedestrian details for connection to existing streets and rights of way; methods to control traffic, size and type of pavement.

   D.   Parking and Loading Areas. The layout, location, dimensions and number of spaces, type of pavement, curbing, design features, screening and landscaping.

   E.   Utilities. On-site utilities including water lines, fire hydrants, sanitary sewers and storm sewers, including easements and connection to existing or proposed utility service to the project.

   F.   Outdoor Storage. The location and layout of all areas of all permitted storage or display of any material, vehicle, waste material, products or container for storage including storage enclosures.

   G.   Signs. The location, size, height, design and material of all signs to be placed on the property and on the outside surfaces of all structures.

   H.   Landscaping and Lighting. The design and location of all existing vegetation and proposed landscaping areas, open spaces, retention areas, and the location, height, design and specifications of exterior lighting.

   I.   Fencing and Buffering. The location, size, height and types of plantings, fencing and/or screening to be used as may be required to satisfy the directives of the Planning Commission to separate, screen and/or protect adjoining property.

(Ord. 2001-4. Passed 1-16-01.)

   The applicant shall submit five sets of conceptual plans to the Planning Commission secretary. The plans shall be distributed to applicable City departments for review. The Planning Commission secretary shall, within ten days of plan submission, make staff comments available to the applicant. Recommendations by City staff are not exclusive or final. The Planning Commission and staff may make additional recommendations or modifications as provided in Section 1183.05. After staff review, the applicant may submit amended plans to Planning Commission for additional staff review or may submit preliminary/final plans to Planning Commission for their consideration.

(Ord. 2001-4. Passed 1-16-01.)

   A.   At least seven days prior to the Planning Commission meeting, fourteen complete sets of the preliminary/final plans shall be submitted to Planning Commission, accompanied by an application form and a letter describing the proposal. Applications for modification to code regulations in conjunction with design review must be submitted a minimum of fifteen days prior to the Planning Commission meeting. City Council may establish a fee to defray administrative costs associated with design review, payable at the time of submission. The Planning Commission secretary shall place the matter on the Planning Commission agenda. The Planning Commission shall review the plans, taking into account Section 1183.01(a) and (b), the location of the proposal, the effect on the surrounding properties and the relationship of the proposal to any adopted plan of the City.

   B.   The Planning Commission is authorized to grant modifications to increase or decrease setbacks, height, landscaping, fencing, signs, parking, ingress, egress and lot coverage standards as provided for in Part 11 of the Codified Ordinances.

      1.   Approval may be granted if it can be determined that:

         a.   The modification is needed to achieve the purpose and objectives of design review;

         b.   The modification does not adversely impact an adjacent building or property or create an unsafe pedestrian or vehicular situation; and

         c.   The modification is necessary to create a more aesthetic or pleasing vista along the public right-of-way and adjoining properties.

      2.   A public hearing shall be required as a condition of Planning Commission hearing modification request.

         a.   Before holding the public hearing, notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed modification.

         b.   Before holding the public hearing, written notice of such hearing shall also be mailed by first class mail, or hand delivered, at least ten days before the day of the hearing, to the property owner, the petitioner and the owners of property contiguous to and directly across the street, road or highway from such property. The failure to mail or deliver the notification as provided in this Code shall not invalidate any such variance. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1183.05B.2.a.

         c.   The applicant must supply a list of names and address of property contiguous to and directly across the street, road or highway from such property to the Planning Commission Secretary.

   C.   If modifications made by either the Planning Commission or applicant are subsequently approved by the Planning Commission, the modifications shall be made a part of the final plans or such modifications shall be affixed to the plans approved and signed by the applicant and chairman of the Planning Commission. The applicant and/or his assigns shall be bound by such modifications and conditions affixed and/or made a part of the approved plan.

(Ord. 2001-4. Passed 1-16-01; Ord. 2006-126. Passed 9-18-06.)

   Modifications to plans, dimensions and quantitative requirements for any new development, shall incorporate the following performance standards:

   A.   Modifications to setbacks, height, parking spaces or lot coverage shall not increase the overall amount of building square footage or intensity of use that could otherwise be developed on a parcel.

   B.   Modifications shall not be made which would permit a greater density of multifamily units or permit multifamily units in an area not zoned for such use.

   C.   Modifications for dimensional standards in the Zoning Code should be designed to provide better utilization of the land and offset by greater standards in other areas of the Zoning Code.

   D.   Modifications may be considered due to unique conditions of the parcel, building design, parcel size, parcel location, topography, adjacent uses or proposed use of the parcel.

   E.   Modifications shall be designed to protect the desirable characteristics of both existing and planned development of adjacent properties.

   F.   Modifications shall promote the desirable and beneficial use of the land and promote the economic development of the City.

   G.   Modifications shall maintain convenient and safe access to properties and buildings.

   H.   Modifications shall promote greater effective open space buffering and landscaping by careful location of buildings relative to adjacent buildings or site features.

(Ord. 2001-4. Passed 1-16-01.)

   Within thirty-five days from the date of preliminary/final plan submission, the Planning Commission shall either approve the submitted plan, approve a modified plan or disapprove the plan, unless the applicant consents to an extension of time. If the Planning Commission disapproves the plans, the Planning Commission shall state the reason for disapproval. Failure of the Planning Commission to approve the submitted plan, approve a modified plan or disapprove the plan, within thirty-five days from the date of submission of the plans, shall be deemed an approval of the plans.

(Ord. 2001-4. Passed 1-16-01.)

   Upon approval by the Planning Commission, the applicant may apply for a building permit. Building plans, engineering plans and all construction drawings shall comply with the plans approved by the Planning Commission, including any conditions placed thereon, and other applicable regulations of the City.

(Ord. 2001-4. Passed 1-16-01.)

   A.   Plans may be revised by the applicant and resubmitted through the same procedure required for the preliminary/final plan. Minor revisions which do not require further modification or variance and which conform to the zoning requirements may be accepted and approved by the Building Inspector. In such cases, the Planning Commission shall be notified of such decision at the next regular meeting.

   B.   Failure to obtain a building permit and begin construction in accordance with the approved plans within one year after Planning Commission's approval shall nullify and void the approved plan unless an extension of time as granted by Planning Commission. Such request for extension must be filed with the secretary of Planning Commission at least ten days prior to expiration.

(Ord. 2001-4. Passed 1-16-01.)

   In the event any plan is disapproved or modified in whole or in part by the Planning Commission, the applicant may request review thereof by the City Council. Any such request shall be in writing, shall set forth with reasonable detail the basis of the appeal, and shall be filed with the Clerk of Council not later than thirty days after the date of the Planning Commission's decision. A copy of the appeal shall be served upon the Law Director. Council shall review the request not later than thirty days after the filing thereof. City Council may, by a majority vote of Council, sustain or modify, in whole or in part, the decision of the Planning Commission for which a review has been requested under this Section 1183.10. In the event Council does not review the request within thirty days, then the Planning Commission's decision will be deemed sustained. City Council may establish a fee to defray administrative costs associated with Council Review, and said fee shall be deposited with the Clerk of Council upon filing.

(Ord. 2001-4. Passed 1-16-01.)

   The applicant may appeal the decision of City Council pursuant to Section 1183.10 to the Court of Common Pleas of Lorain County, Ohio. The procedure for such appeal shall be governed by Ohio R.C. Chapter 2506, which may from time to time be amended.

(Ord. 2001-4. Passed 1-16-01.)