All of the following shall be reviewed per this subchapter.

   (A)   Subdivisions. As required per the Village of McComb Subdivision Rules and Regulations.

   (B)   All site plans.

   (C)   All new construction unless exempted below:

      (1)   Single-, two-, and three-family dwellings;

      (2)   Accessory buildings and structures;

      (3)   Signs;

      (4)   Additions/alterations to one-, two-, and three-family dwellings.

   (D)   Any existing site proposing changes that would involve a change to:

      (1)   Building square footage of more than 10%;

      (2)   Required parking;

      (3)   Access from a public roadway;

      (4)   Public water or sewer connections;

      (5)   Impervious surface on the site;

      (6)   Required landscaping.

   (E)   Conditional uses.

   (F)   Nonconforming uses.

   (G)   Zone change requests.

   (H)   Street and alley vacation requests.

   (I)   Any element of this code as identified.

(Ord. O-2019-24, passed 9-9-2019)

   The person having legal authority to take action in accordance with the approval being sought must file an application for development review or approval under the zoning code. Unless otherwise expressly stated, that person is presumed to be the record owner, option holder, or duly authorized agent of the record owner. Village officials are authorized to require proof of legal authority to take the action sought. All applicants must be in good standing with the village, as specified in §§ 178.230 through 178.240.

(Ord. O-2019-24, passed 9-9-2019)

   Each applicant for development approval is encouraged to arrange a pre-application conference with the Planning Commission. The Planning Commission will provide assistance to applicants and ensure that the appropriate review agencies are involved in such meetings.

(Ord. O-2019-24, passed 9-9-2019)

   Applications required under the zoning code or Subdivision Rules and Regulations must be submitted via forms provided by the village and available on the village's website. Applications shall be accompanied by only three copies of information required for submittal, i.e. site plans. A letter of submittal shall accompany each application. In the letter, the applicant shall describe the intent of the project, i.e., "this project is a beverage drive thru," or "an adult care facility with 88 beds," etc. The letter shall clearly indicate how to contact the owners or applicant and any/all consultants involved with the project. Once Planning Commission has reviewed the application and supporting information for completeness, the applicant must submit the remainder of the required material per § 178.027, Final Submittal.

(Ord. O-2019-24, passed 9-9-2019)

   Applications must be accompanied by the fee amount that has been established by the Village Council. Any fee refund resulting from the applicant's withdrawal is solely at the discretion of the Planning Commission Chairman.

(Ord. O-2019-24, passed 9-9-2019)

   An application will be considered complete and ready for processing only if it is submitted with the required form, includes all required information, and is accompanied by the required filing fee. The following steps will be taken in order to ensure completeness, an orderly review process, and placement on the agenda of the Planning Commission:

   (A)   Staff review. Planning Commission will make a determination of application completeness within seven working days of the application deadline.

   (B)   Incomplete applications. If an application is determined to be incomplete, Planning Commission will notify the applicant along with an explanation of the application's deficiencies. No further processing of the application will occur until the deficiencies are corrected within the time frame stated in the notice.

   (C)   Deficiencies.

      (1)   Prior to setting meeting agenda. Deficiencies corrected within the time frame stated in the notice will not affect that item's opportunity to be placed on the next village planning agenda.

      (2)   Unresolved prior to setting meeting agenda. Applications with deficiencies requiring more time than stated in the notice will not be placed on the Planning Commission's agenda until such time as the required/requested information is received.

      (3)   Unresolved within 60 days. Deficiencies not corrected by the applicant within 60 days will cause the application to be considered withdrawn.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Preliminary development plan. Applications requiring preliminary development plans shall contain information set forth below in division (C) General Information, and division (D) Development Plan Information, and will be referred to various city agencies and utility providers for study. The approval of a preliminary development plan shall be in effect for two years to allow for the preparation and submission of the final development plan. If the final development plan has not been filed within this approval period, then the preliminary development plan approval shall expire.

   (B)   Final development plan. Only preliminary development plans that have been approved by the Planning Commission may apply for review as a final development plan. The conditions for approval must be reflected in the final development plan. Any deficiencies on the preliminary development plan must be corrected within the established time frame.

   (C)   General information.

      (1)   Name, address and phone number of the applicant;

      (2)   Name and address of registered surveyor, engineer and/or landscape architect who prepared the plan;

      (3)   Legal description of the property;

      (4)   Present use of the property;

      (5)   Conceptual overview of the development;

      (6)   Proposed ownership and maintenance of common open space;

      (7)   Anticipated timing and phasing of the development; and

      (8)   Names and addresses of property owners within and contiguous to and directly across the street from the subject parcel or parcels.

   (D)   Development plan information.

      (1)   Vicinity/project location map;

      (2)   Location, type and density of development types;

      (3)   Conceptual drainage plan;

      (4)   Location and amount of open space(s);

      (5)   Gross lot acreage, net lot acreage, maximum allowable density, proposed density with calculations indicated;

      (6)   Maximum site coverage;

      (7)   Topography at one-foot contour intervals;

      (8)   Base flood elevation data per applicable flood base (ie Blanchard or Maumee);

      (9)   Existing features of the development site, including major wooded areas, streets, easements, utility lines, and ponds, waterways, and land uses;

      (10)   Street layout and names;

      (11)   Existing buildings to remain or to be removed, and if the existing buildings remain, their proposed use;

      (12)   Proposed method of street lighting;

      (13)   Landscaping (if required as condition for approval);

      (14)   Location, area, and dimensions of all lots, setbacks, and building envelopes;

      (15)   Required number of parking spaces and number of spaces proposed;

      (16)   All proposed signs excluding street signs (i.e. apartment signage);

      (17)   Area identification (entrance) structure and/or signage;

      (18)   Any/all drainage and retention calculations;

      (19)   Proposed utility layout;

      (20)   Facade plans for projects within the Downtown.

(Ord. O-2019-24, passed 9-9-2019)

   Once an application has been determined complete, or a notice of correction has been issued, the applicant must submit the material in the number and form as required per the application form. In addition, the applicant shall submit the following:

   (A)   An 11" x 17" reduction of the drawings to be considered at the Planning Commission hearing;

   (B)   A digital copy in PDF via compact disc or email;

   (C)   One set of detention calculations or a written statement if detention is not required; and

   (D)   A letter of submittal, if revised from original.

(Ord. O-2019-24, passed 9-9-2019)

   The meetings will be held in the Village of McComb Council Chamber unless otherwise designated.

(Ord. O-2019-24, passed 9-9-2019)

   The Planning Commission shall prepare an annual schedule of meetings and submission deadlines for the Planning Commission prior to the start of each calendar year. The Planning Commission shall review and adopt/amend the schedule at its last regular meeting each November.

(Ord. O-2019-24, passed 9-9-2019)

   The Planning Commission Chairman may call special meetings. It shall be the duty of the Chairman to call such a meeting when requested to do so.

(Ord. O-2019-24, passed 9-9-2019)

   A majority of the entire membership of the Planning Commission shall constitute a quorum. This majority must be present at a meeting in order that the Planning Commission may conduct its business. A decision of the Commission is a majority of the quorum.

   (A)   Motions. Motions shall be restated by the Chairman or Clerk before a vote is taken. The names of the persons making the motion and its second shall be recorded.

   (B)   Voting. Voting shall be by roll call.

   (C)   Manner of votes. Voting shall be recorded by yeas and nays upon the request of any member if so ordered by the Chairman.

(Ord. O-2019-24, passed 9-9-2019)

   Except where otherwise specified, meetings shall be conducted according to Roberts Rules of Order.

(Ord. O-2019-24, passed 9-9-2019)

   All Planning Commission meetings shall be open to the general public. All statements and questions at meetings, either by Planning Commission members, staff or the general public, shall be addressed to the Chairman. Information presented during the meeting shall be recorded.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Notice of applications shall be provided to adjacent property owners at least 14 days prior to the date of the meeting at which the request will be considered.

   (B)   The process for notification shall be as follows:

      (1)   Applicant is to provide addressed envelopes with proper postage.

      (2)   Staff review shall verify adjacent property owners.

      (3)   Staff will mail out notices.

      (4)   Staff report will:

         (a)   Identify adjacent property owners; and

         (b)   Indicate date of mailing notices.

(Ord. O-2019-24, passed 9-9-2019)

   The order of business at regular meetings shall be:

   (A)   Roll call;

   (B)   Swearing in;

   (C)   Approval of minutes of previous meeting;

   (D)   Cases requiring action by the Commission;

   (E)   Case review (see § 178.036) case review procedure);

   (F)   Administrative approvals;

   (G)   Other business;

   (H)   Adjournment.

(Ord. O-2019-24, passed 9-9-2019)

   Each request made before the Planning Commission shall be due the following process:

   (A)   Summary. The matter before the Commission may be presented in summary by the Chairman, or its members.

   (B)   Testimony. The Chairman shall request the applicant and/or representative come forward and provide testimony.

   (C)   Public comment. The Chairman shall inquire if anyone is present with an interest in the case and shall invite him or her to provide testimony.

   (D)   Privilege of floor. Parties of interest have the privilege of the floor, subject to the rules of the Chairman.

   (E)   Agenda order. In consideration of other applicants and attendees present, the Chairman may change the order in which the cases are heard pending anticipation of lengthy deliberation about a particular case.

   (F)   Record of speakers. A record shall be kept of the names and addresses of those speaking before the Planning Commission.

(Ord. O-2019-24, passed 9-9-2019)

   In all cases, the burden is on the applicant to show that an application complies with applicable review or approval criteria.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Prior to deadline. In order to withdraw an application prior to a Planning Commission meeting, the request must be received prior to the office of Village Administrator mailing out the agenda packet to the Planning Commission members. The request for withdrawal must be in a letter form, addressed to the Planning Commission, and must state the reason for the request to withdraw. In general, agenda packets are mailed out the Monday prior to regularly scheduled Planning Commission meetings.

   (B)   Post deadline. Letters received after the mailing will be forwarded to the Planning Commission members for their consideration at the scheduled meeting. The members may approve or deny the request at the meeting. Application fees will not be refunded for withdrawals.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   In making their recommendation or decisions, the Planning Commission may take any of the following actions including: approval of the application; approval with modifications or conditions; denial of the application; or; tabling/deferring the application to another date.

   (B)   In the course of review and decision making, the Planning Commission:

      (1)   May apply conditions to the application. May apply conditions on the application if the effect is to:

         (a)   Allow a less intensive use or zoning district than indicated in the application;

         (b)   Reduce the impact of the development;

         (c)   Reduce the amount of land area included in the application;

         (d)   Provide for the public's safety and general welfare.

      (2)   Cannot expand the request. May not approve a greater density of development, a more intensive use or a more intensive zoning district than was indicated in any notice.

      (3)   Has discretion.

         (a)   Is not required to approve the maximum density or intensity of use allowed.

         (b)   The Planning Commission reserves the right to determine if a use not specified in this chapter is appropriate in the zoning district of the subject site.

         (c)   The Planning Commission may add, subtract, or substitute any condition of a conditional use.

      (4)   Express its decision. Should clearly state its reasons for reaching a decision.

         Example: Motion to approve the request because it "complies with the site plan requirements for the zoning district" or "per the staff"recommendations."

      (5)   Itemize approval conditions. Should enumerate and express all conditions for approval.

         Example: Motion to approve..." subject to the following five conditions."

(Ord. O-2019-24, passed 9-9-2019)

   When the Planning Commission approves applications with conditions, the conditions must relate to a situation created or aggravated by the proposed use or development and must be roughly proportional to the impact of the use or development. Projects found to be out of compliance with any conditions as approved by the Planning Commission can result in having their occupancy permit revoked until such time as the conditions are found to be in order.

(Ord. O-2019-24, passed 9-9-2019)

   Issuance of a zoning permit after a site plan has been approved by the Village Council is not automatic. In general, cases that involve a site plan are approved with conditions. These conditions may be enumerated in the form of a letter to the applicant. Site plans approved Village Council are to be reviewed for compliance by the Village Administrator prior to issuing a zoning permit. Failing to comply with any conditions required per Planning Commission's site plan approval will result in a delay/denial of final approval by the Village Administrator.

(Ord. O-2019-24, passed 9-9-2019)

   Village Council decisions may be appealed to the Common Pleas Court per R.C. Chapter 2506.

(Ord. O-2019-24, passed 9-9-2019)

   The Planning Commission as referenced herein includes the Village Administrator, HRPC Director, Northwest Hancock Joint Fire District Official and Wood County Building Inspector.

(Ord. O-2019-24, passed 9-9-2019)

   The Planning Commission staff will review each request in accordance with the requirements set forth in the village zoning code and § 178.048 Administrative Review and Actions herein when requested by Planning Commission or Village Council. Based on the results of those reviews, the staff will provide the report to the Planning Commission and applicant.

(Ord. O-2019-24, passed 9-9-2019)

   The Planning Commission may employ expert consultants as it sees fit to aid the Commission in its work.

(Ord. O-2019-24, passed 9-9-2019)

   In reviewing and making decisions on proposed zoning map amendments, use changes, and nonconforming uses the Planning Commission shall consider at least the following factors:

   (A)   Consistency with planning and zoning. Consistency of the proposed rezoning with the comprehensive plan and the stated purpose of the village's zoning code per § 178.002 Purpose;

   (B)   Existing uses. Existing land uses within the general vicinity of the subject property;

   (C)   Existing zoning. The zoning classifications of properties within the general vicinity of the subject property;

   (D)   Physical characteristics. The physical suitability of the subject property for the uses permitted under the existing and proposed zoning classifications;

   (E)   Effect from change. The extent to which rezoning will positively or detrimentally affect properties within the vicinity of the subject property;

   (F)   Errors and/or inconsistencies. Whether the proposed amendment corrects an error or inconsistency in the zoning code or meets the challenge of a changing condition;

   (G)   Utilities and services. Whether the village and other service providers will be able to provide sufficient public safety, transportation, and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development; and

   (H)   Impact on environment. Whether the proposed rezoning will have significant adverse impacts on the natural environment, including air, water, noise, storm water management, wildlife and vegetation.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Purpose. The purpose of requiring site plan review and approval is to ensure compliance with the standards of the village’s zoning code; to minimize land use conflicts; and to encourage the compatible physical design of the proposal. This includes but is not limited to arrangement of buildings, off-street parking, lighting, on and off-site vehicular or pedestrian circulation, landscaping, drainage and all other utilities, and review of vehicle and pedestrian access, all in a manner that will promote public safety and convenience and will preserve property values. All of the above mentioned issues are subject to review and approval.

   (B)   Criteria. In order to be approved, the submitted plan must comply with all of the following criteria:

      (1)   Compliance. All standards of the planning and zoning ordinance, Planning Commission Rules and Procedures, and other codified ordinances and village policies. Example: Street naming ordinance.

      (2)   Prior conditions. All prior conditions for approval of previous cases pertaining to the subject parcel(s), site, building, etc. imposed by the Village Planning Commission, or Village of McComb Council must have been satisfied in order for a new application for the same parcel(s) to be eligible for submission. Parcel(s) not in compliance with said conditions must be brought into conformance before new applications can be accepted by the village.

      (3)   Permitted use. The proposed use must be allowed in the district in which it is located.

      (4)   Vehicular access. Vehicular ingress and egress to and from the site and circulation within the site must provide for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways and developments as well; and

      (5)   Pedestrian access. The plan must provide for the safe, efficient and convenient movement of pedestrians on the subject site.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Purpose. For the purpose of expediting the review and approval of requests of a routine nature, the Planning Commission may delegate the administrative review of such matters for approval. The decision shall rest with the Commission for the following requests subject to the provisions unless otherwise expressly stated in this subchapter.

   (B)   Eligible applications.

      (1)   Home occupations. Must meet the zoning criteria required for approval.

      (2)   Nonconforming uses. New use must be less nonconforming than the currently established and expired nonconforming use.

      (3)   Minor changes. Minor changes to site plan and plats as set forth in § 178.050 Minor Changes Definition (Site Plans & Plats).

      (4)   Building additions. Cannot negatively impact/affect parking requirements, traffic circulation and/ or access to roadways and satisfy other requirements as provided herein.

(Ord. O-2019-24, passed 9-9-2019)

   The commission will review each request for completeness within ten days, and take one of the following actions:

   (A)   Approval. Approve the request as submitted;

   (B)   Review and comment. Identify those revisions or modifications that would allow approval of the request;

   (C)   Approve the request with conditions. Approve request as presented but subject to certain restrictions or conditions;

   (D)   Denial. Deny the application for reason stated; or

   (E)   Send to Village Council. Forward the request to the Village Council for review and action.

(Ord. O-2019-24, passed 9-9-2019)

   Minor changes include the following:

   (A)   Building size. An increase in building footprint size or cumulative floor area: 30% for buildings having less than 50,000 gross square feet: 15% for building having 50,000 or greater gross square feet;

   (B)   Building height. An increase in building height allowable by the zoning code;

   (C)   Hard surface. Minimal increase in the cumulative impervious surface coverage (existing paved area) by less than 10%;

   (D)   Zoning. Permitted in the zoning district which it is located;

   (E)   Circulation. Changes in the internal traffic circulation;

   (F)   Open space. Minor alterations in open space layout;

   (G)   Parking. Insignificant changes to the parking layout;

   (H)   Building placement. Changes in the building/building envelope configurations that do not significantly change the coverage ratios, engineering calculations, parking layout, and the like, and;

   (I)   Amenities. Configuration of community recreational amenities, such as clubhouses, swimming pools, and the like.

(Ord. O-2019-24, passed 9-9-2019)

   Administrative actions by staff shall be reported to the Planning Commission at the next regular meeting.

(Ord. O-2019-24, passed 9-9-2019)

   Appeals of decisions may be taken to the Planning Commission by filing a notice of appeal with the Planning Commission. The notice shall comply with § 178.053 Appeal Criteria. Appeals must be filed within ten days of the Planning Commission staff's decision.

(Ord. O-2019-24, passed 9-9-2019)

   Any person aggrieved by an administrative decision as provided for in these rules and regulations may make an appeal to the Planning Commission. An appeal shall be accompanied by a written statement from the aggrieved party and setting forth the grounds for the appeal.

(Ord. O-2019-24, passed 9-9-2019)

   In the case of appeals, the Planning Commission must consider the original site plan submitted with the application. The procedure is to be the same as required of the original action before the Planning Commission staff.

(Ord. O-2019-24, passed 9-9-2019)

   If a development proposal requires both a site plan and a variance subject to § 178.073 Variance of this chapter, the Planning Commission may approve the project with the condition that it must also receive an approval from the Village Council for any/all necessary waivers.

(Ord. O-2019-24, passed 9-9-2019)

   The Planning Commission staff may not process another application for the same or similar request affecting the same property or a portion of it until the expiration of a one-year period, extending from the date of denial by the Planning Commission or withdrawal by the applicant.

(Ord. O-2019-24, passed 9-9-2019)

   If no work progresses on an approved application within one year from the date of administrative or Planning Commission approval, the approval shall lapse and become null and void. Issuance of permits and/ posting of construction bonds when required shall constitute work. The approval shall lapse if the permit expires prior to commencing the work.

   Example: The maximum time period to complete a project is two years. This is assuming the applicant waits until the 365th day after approval to obtain a permit. Permits are valid for one year. No additional permits will be issued regardless of a project's start date or completion status.

(Ord. O-2019-24, passed 9-9-2019)