Recognizing that there is a need for flexibility in providing future village needs, in keeping abreast of new building methods, and materials, and in providing for the planning of: dwellings and the various types and groups thereof, to secure the benefit of solar orientation, climate control, and additional privacy, and to provide for variety in dwelling types to meet changing needs of future residences; and commercial buildings and groups thereof to secure greater convenience to the public through improved methods of merchandising, transportation, office management, and distribution of services necessary to the public welfare; and industrial buildings and groups thereof to secure greater convenience in production through improved methods of manufacturing, transportation, office management, and distribution of products necessary to the public welfare; may necessitate the variation in the use and area requirements of this chapter (which are designed primarily to apply to the traditional pattern of lot development and building arrangement generally prevailing within the village) and in the regulations applying to buildings and yards, the Village Council may amend this chapter and zoning map for the accomplishment of the foregoing purposes, in accordance with the following procedure in § 153.201.

(1995 Code, § 153.200) (Ord. 68-15, passed 8-22-1968)

   For the purpose of accomplishing the objectives of this section, the owner of any tract of land may submit to the Village Council a preliminary plan for the use and development of the land. Following submission of the preliminary plan, the Council shall refer it to the Planning Commission for review. The Planning Commission shall hold a public hearing in accordance with § 153.228, herein. If the Village Council approves the preliminary submission, on recommendation of the Planning Commission, the preliminary plan shall be signed by the Village Council and recorded by the applicant, the Council shall amend the zoning map to include the zoning district change. Within a period of 18 months following such approval, a detailed plan shall be submitted to the Village Council, showing that specific and detailed provisions have been made for the essential conditions listed in § 153.203. The detailed plan may be submitted to the Planning Commission and processed as required by law for the approval of subdivisions. Following the approval by the Village Council, the Council shall sign the detailed plans, and the applicant shall cause the detailed plans to be recorded in Hamilton County. No construction shall commence before a detailed plan is approved, signed, and recorded.

(1995 Code, § 153.201) (Ord. 68-15, passed 8-22-1968) Penalty, see § 153.999

   The preliminary plan shall show the layout of the total area to be included in the proposed district and shall indicate and be accompanied by documentary evidence to the satisfaction of the Planning Commission and Village Council:

   (A)   The plan shall be consistent with the Comprehensive Plan for the orderly development of the village and with the purpose of this chapter to promote the general welfare of the village;

   (B)   The appropriate use and value of property adjacent to the area included in the plan will be safeguarded;

   (C)   The capacity of existing or proposed utilities, streets, and thoroughfares is adequate to absorb the additional burden created by the special use district;

   (D)   The development will consist of a harmonious grouping of buildings or other structures, adequate service, parking and open spaces, planned as a single and common operating and maintenance unit, as applicable;

   (E)   The uses included are limited to those permitted in these districts where the special use district is applicable;

   (F)   All buildings be served by a central sewage disposal system, public water supply, and public utilities; and

   (G)   That, if the development is to be carried out in progressive stages, each stage shall be so planned that the foregoing conditions and intent of the chapter shall be fully complied with at the completion of any stage.

(1995 Code, § 153.202) (Ord. 68-15, passed 8-22-1968)

   The comprehensive detailed plans and accompanying evidence shall show the following.

   (A)   Adequate provision is made for safe and efficient pedestrian and vehicular circulation within the site.

   (B)   The scale of the plan should not be less than 1 inch equals 50 feet with contours at five feet intervals and indicating any unusual topographical features.

   (C)   The location, dimensions, and arrangements of all open spaces, yards, access ways, entrances, exits, off-street parking facilities, loading and unloading zones, pedestrian ways, widths of roads, streets and sidewalks are adequate to provide for safe and efficient ingress and egress to and from public streets and highways serving the development.

   (D)   Capacity of all areas to be used for automobile access, parking, loading, and unloading.

   (E)   Location, uses planned, dimensions, gross floor area, building coverage, and height of each building or other structure.

   (F)   Location, dimension, and arrangement of all areas devoted to planted lawns, trees, recreation, and similar purposes.

   (G)   Provisions made for the location of existing or proposed sewage disposal, water supply, storm water drainage, parking lot lights, and other utilities.

   (H)   Sufficient additional data as has been required by the Planning Commission or Village Council subsequent to the approval of the preliminary plan to enable the Council to judge the effectiveness of the design and character of the entire special use district and to consider properly such things as the relationship to surrounding area, anticipated traffic, public health, safety, and general welfare.

   (I)   A bond or other acceptable assurance for on or off site improvements, exclusive of the buildings or structures intended for occupancy, rental or use, which the Village Council deems necessary to protect public health, safety, and welfare of the neighborhood shall be furnished.

(1995 Code, § 153.203) (Ord. 68-15, passed 8-22-1968)

   Every application, when approved by the Village Council either as submitted or resubmitted in modified form, shall constitute an agreement by the applicant or owner that such installation shall be made, completed and operated as indicated by the approved plan and in accordance with the provisions of this section and that the area which has been rezoned shall lose its new classification and revert to its former zoning classification in any of the following events.

   (A)   If construction of approved buildings and improvements shall not be undertaken within 18 months after the approval of the detailed plans or within such additional time as may be authorized by the Village Council.

   (B)   If there shall be a failure to complete construction or to comply or to continue to comply with the specified conditions listed in § 153.203 and in this section, or with conditions imposed by the Village Council hereunder in the zoning of the area.

   (C)   If, as a result of voluntary sale or conveyance, or any other transfer of ownership whatever, the area shall cease to be held, in its entirety in single and separate ownership.

(1995 Code, § 153.204) (Ord. 68-15, passed 8-22-1968)