Miamisburg City Zoning Code
CHAPTER 1275
SDD Special Development District
1275.01 PURPOSE.
(a) The Special Development District is a planned development regulation of the land use that may be applied to areas in the City of Miamisburg that meets the criteria set forth in Section 1275.04 below. The Special Development District is established in order to promote the development or redevelopment of land in the City of Miamisburg for the purpose of promoting economic development in the City, creating jobs, expansion of tax base, improvement of the quality of life, removal of blighting influences and the avoidance of blight, expansion of mixed-use housing options, maintenance of property values, prevention of disjointed development, and the discouragement of strip commercial development.
(b) Developments that obtain Special Development District zoning status should be designed in a way that conforms to any applicable land use plan and/or study, and that blends in with the surrounding area while protecting adjacent land uses from potential negative impacts of development.
(c) Special Development Districts are viewed as a planned development in the City of Miamisburg and are subject to all general standards for planned developments listed in Section 1276.03.
(Ord. 6831. Passed 1-21-20.)
1275.02 PERMITTED USES.
The uses in an area covered by a Special Development District shall be those specified in a Development Guidelines Report adopted by City Council for each Special Development District area. The Development Guidelines Report, when adopted by City Council, shall be considered a part of the Miamisburg Planning and Zoning Code. Purely residential Special Development Districts are not permitted, but residential uses may be included within a mixed-use Special Development District. For residential planned developments, refer to Chapter 1278 of these Codified Ordinances.
(Ord. 6831. Passed 1-21-20.)
1275.03 INITIATION OF SPECIAL DEVELOPMENT DISTRICT DEVELOPMENT.
Subject to meeting one or more of the criteria set forth in Section 1275.04, Special Development Districts may be initiated in one of the following ways:
(a) Through submission of an application for change by a private party in conformity with the requirements of this Planning and Zoning Code; or
(b) By action of the Planning Commission and/or Council. Special Development District proposals initiated by the Planning Commission or City Council shall be subject to provisions for amendments as specified in Sections 1238.02(a) and/or (b), and 1238.04 through 1238.11. Any rezoning action taken pursuant to this section shall not constitute a waiver of any section of this Code.
(Ord. 6711. Passed 4-3-18; Ord. 6831. Passed 1-21-20.)
1275.04 CRITERIA FOR APPROVAL OF A SPECIAL DEVELOPMENT DISTRICT.
Areas to which a Special Development District may be applied shall be in one or more of the following categories:
(a) Areas that have site constraints imposed by unique physical features such as relatively rugged topography, atypical soils, areas of heavy tree cover, rock outcropping or streams; adjoining land use difficulties; and/or traffic impact or lot configurations that make development difficult;
(b) Areas where blighting influences are identified, with blighting influences being any current use of land which, if allowed to remain unmodified, will foreseeably evolve into blight or will encourage blight to rise in neighboring land areas;
(c) Areas that are identified as being strategically located by reason of size, relationship to other properties, relationship to thoroughfares or other transportation routes, where development and/or redevelopment could have major impacts upon the overall economic and aesthetic health of the City of Miamisburg; and/or where the project is of such size and/or potential impact upon its surroundings that additional controls are believed necessary;
(d) The proposed site is one of significant locational and/or historic importance, such as within or adjacent to the Community Civic Center, the Miamisburg Mound area, etc;
(e) Areas where the existing built environment does not lend itself to quality new development and/or revitalization which would meet the guiding planning documents of the City of Miamisburg.
(Ord. 6711. Passed 4-3-18; Ord. 6831. Passed 1-21-20.)
1275.05 CONTENTS OF APPLICATION FOR A SPECIAL DEVELOPMENT DISTRICT.
The application for a Special Development District or the recommendation from the Development Department for a Special Development District shall include the following:
(a) A legal description and a site plan of the property to which the Special Development District designation is sought to be applied.
(b) Statement of the ownership of the property/properties.
(c) A statement of the facts and reasons that justify a finding of fact that the area meets any of the criteria for approval of a Special Development District as set forth in Section 1275.04.
(d) If the application seeks to allow uses in addition to those permitted, or to remove/prohibit uses, in the underlying zoning district(s), a statement of what use or uses should be permitted (and the facts that justify the permission of the use or uses or the removal/prohibition of current uses) shall be included as a part of the application.
(e) A proposed, specific Development Guidelines Report to be applied in the Special Development District to all proposed and future development, that meets the requirements of Section 1275.07.
(f) Maps (site, landscaping, lighting, etc. plans), drawings (building elevations, renderings, etc.), written reports and any other exhibits that are deemed to be necessary or desirable to clearly carry out the intent of this chapter.
(Ord. 6711. Passed 4-3-18; Ord. 6831. Passed 1-21-20.)
1275.06 REVIEW PROCEDURES FOR SPECIAL DEVELOPMENT DISTRICTS.
(a) Preapplication Conference. Prior to filing a formal application for approval of a Special Development District, the developer and/or applicant is encouraged to request a preapplication conference with the Miamisburg Development Department staff. It should be understood that no statement or representation of a member of the staff shall be binding upon the Planning Commission or upon any City governing body. The purpose of such conference is to allow the developer and/or applicant to present a general concept of the proposed development prior to the preparation of detailed plans. For this purpose, the presentation shall include, but not be limited to, the following:
(1) A written letter of intent from the applicant establishing the applicant's intentions as to the development of the land.
(2) A topographic survey and location map.
(3) Sketch plans and ideas regarding land use, dwelling type and density, street and lot arrangement, and tentative lot sizes.
(4) Tentative proposals regarding water supply, sewage disposal, surface drainage and street improvements.
(5) Proposed Development Guidelines Report.
(b) Preliminary Plan. The preliminary plan of the Special Development District shall be filed with the Miamisburg Development Department, which shall in turn forward copies to the Planning Commission for consideration. The required procedure for consideration and approval of the preliminary plan shall be:
(1) Written application for approval of a planned development shall be made on forms and in the manner prescribed by the City. The application shall include informational items as listed in this chapter and shall be accompanied by a fee consistent with Chapter 214 of the City of Miamisburg's Codified Ordinances.
(2) The Planning Commission shall study the materials received and confer with other agencies of government as appropriate in the case to determine the general applicability of the proposal as submitted. In the course of such preliminary consideration, the Planning Commission may request and the applicant shall supply additional material needed to make specific determinations.
(3) Following such study, the Planning Commission or its staff shall hold a conference or conferences with the applicant to discuss desirable changes in the first or succeeding drafts of the preliminary development plan and report. Recommendations of the Planning Commission to the applicant shall be in writing.
(4) Following any such conference, agreements between the applicant and the Planning Commission as to changes in the preliminary plan and report or other matters to be recorded and acknowledged by the Planning Commission and the applicant shall be in writing. On items on which no agreement is reached or there is specific disagreement, this fact shall be recorded, and the applicant may place in the record his or her reasons for any disagreement.
(5) When the preliminary development plan and report have been approved in principle (as a whole or with reservations specifically indicated) or when the applicant indicates in writing that no further negotiations with the Planning Commission are desired before proceeding, the Planning Commission may schedule the proposed plan for a public hearing or elect to make its recommendations without a public hearing. The Planning Commission shall make its recommendations to Council within thirty days from the end of the negotiations with the applicant(s) or, if one is held, thirty days from the Planning Commission's public hearing. Such recommendations shall indicate approval, approval with specific reservations, or disapproval with reasons. Such recommendations shall be accompanied by:
A. The latest draft of the preliminary plan;
B. The latest proposed Development Guidelines Report; and
C. Informational items submitted by the applicant, including a record of agreements reached as well as any matters on which there was disagreement and respective reasons given by the applicant for any such disagreement.
(6) Council shall then schedule a public hearing for the preliminary plan and the respective Special Development District zone designation after receiving the proposal from the Planning Commission. Within thirty days, Council shall approve the proposal, approve it subject to conditions, or deny the proposal. If approved, the area of land marked shall be redesignated SDD (Special Development District) and shall be used only in accordance with the uses and Development Guidelines Report shown in the Special Development District preliminary plan.
(c) Final Plan. The final plan for the Special Development District shall conform substantially to the preliminary plan as approved and shall be filed within six months after approval of the preliminary plan, including all informational items listed in Sections 1275.07 and 1276.07. If desired by the developer, the final plan may be submitted in stages, with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed, provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plan shall be:
(1) The final plan and supporting data shall be filed with the Miamisburg Development Department, which in turn shall forward copies to the Planning Commission for certification that the final plan is in conformity with applicable regulations and in agreement with the approved preliminary plan.
(2) After review of the final plan and supporting data, the Planning Commission shall approve or disapprove the plan within thirty days after submittal by the developer. Disapproval of the final plan shall include a clear statement of the reasons therefor.
(3) The Planning Commission shall then forward the final plan, together with its recommendations, to Council. Council shall review the recommendations of the Planning Commission at the next regular meeting of Council, and shall approve, approve subject to conditions, or deny, the final plan.
(4) After approval by motion of Council of the final plan, the final plan including all supporting documentation, shall become a part of the City of Miamisburg's Zoning Code.
A. No final development plan within the corporate limits of the City shall become a part of the City of Miamisburg's Zoning Code unless it shall have the approval of City Council inscribed thereon.
B. For Special Development Districts involving replats, lot splits, the establishment of easements, deed restrictions and the like, the submitted lot and easement configuration approved as a part of the Special Development District review process shall be presented to the County Recorder and recorded prior to the issuance of any building permits for the site.
(d) Effect of Denial of a Special Development District. No application for a Special Development District, which has been denied wholly or in part by the Planning Commission and Council, shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission and Council.
(Ord. 6711. Passed 4-3-18; Ord. 6831. Passed 1-21-20.)
1275.07 DEVELOPMENT GUIDELINES REPORTS.
(a) The ordinance adopting a Special Development District shall also adopt a Development Guidelines Report containing the specific development guidelines for the area where such a district is requested, and the Special Development District shall be marked on the Official Zoning Map of the City of Miamisburg, Ohio.
(b) The Development Guidelines Report shall include the following items which shall be evaluated by the Planning Commission and City Council in accordance with the purposes set forth in Section 1275.01:
(1) Land uses (permitted, special, and prohibited uses).
(2) Building architecture (materials, height, accents, canopies, etc.)
(3) Building placement, orientation and setbacks.
(4) Signage (placement, size, materials, height, design, illumination).
(5) Landscaping and screening (street frontages, bufferyards, site interior, irrigation).
(6) Circulation of pedestrians and vehicles on the site, including emergency vehicle access and proposed pedestrian connections to public pedestrian networks in the area of the development.
(7) Traffic Impact Study (TIS) reports and planned public infrastructure improvements.
(8) Parking lot design, including landscaping, parking space and drive aisle sizes.
(9) Pedestrian amenities (scaled lighting, bike parking, walkways, striped pavement through parking areas, etc.).
(10) Lighting and electrical service, including pole design and height, base design, light intensity (including the submittal of a photometric report for exterior and interior lighting).
(11) Sewer and water service connection locations.
(12) Storm water drainage, including a grading plan for the site.
(13) Fences and screening facilities designs.
(14) Any other development-related item deemed necessary by the City of Miamisburg staff, the Planning Commission, and/or City Council.
(Ord. 6711. Passed 4-3-18; Ord. 6831. Passed 1-21-20; Ord. 6869. Passed 2-16-21.)
1275.08 SITE PLAN REVIEW AND/OR SPECIAL USE APPROVAL IN A SPECIAL DEVELOPMENT DISTRICT.
(a) Site Plan Review. Site plan review is required for all development activities within an approved Special Development District in accordance with Chapter 1294.
(b) Upon application for a special use and/or site plan review within an approved Special Development District, City staff and the Planning Commission shall review each application against the previously-approved final plan and Development Guidelines Report adopted by City Council pursuant to Section 1275.07, for the purpose of ensuring that the approved Development Guidelines are met by all developments within a Special Development District.
(c) Changes in a Special Development District. A Special Development District shall be developed only in accordance with the approved final plan and Development Guidelines Report. The approved final plan and Development Guidelines Report, together with all approved amendments, shall be binding on the applicants and their successors, grantees and assignees. In cases of proposed major or minor changes, the following processes shall be followed:
(1) Major changes. Changes which alter the concept or intent of the Special Development District, including but not limited to: changes in the land use types, changes in the locations or orientation of proposed buildings, reductions of proposed open space, and significant redesign of landscaping areas, parking lots, roadways, utilities or drainage, may be approved only by submission of a new application and supporting data, as set forth in Section 1275.06.
(2) Minor changes. The Planning Commission may approve minor changes in a planned development which do not change the concept or intent of the development. Such amendments require the submittal of an application for a minor amendment to a Special Development District. The approval process for minor amendments will follow that of site plan review as outlined in Chapter 1294. Minor changes are defined as any change not defined as a major change.
(d) Exemptions. The following are exempt from requiring site plan or special use review by the Planning Commission, provided that no changes are made that alter the use, intent, concept or overall design of an approved Special Development District, but are not exempt from any other permits required by the applicable governing bodies:
(1) All permits for the repair or replacement of roofs, gutters, chimneys, plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment, fire escapes, and all other mechanical and/or electrical equipment.
(2) Any permit necessary for immediate public health and safety.
(3) Any permit for interior alterations and repairs.
(4) Any permit for construction of public utilities in the public right-of-way.
(5) Any permit required for routine maintenance work.
(6) Any other exemptions that may be allowed in any ordinance creating a specific Special Development District.
(Ord. 6711. Passed 4-3-18; Ord. 6831. Passed 1-21-20.)
1275.09 ISSUANCE OF PERMITS AND DISTRICT EXPIRATION.
(a) If the application for a Special Development District is approved, the applicant must obtain all necessary permits needed to proceed with the development from all appropriate departments of the City of Miamisburg or any other applicable body having approval authority of review authority of such improvements prior to undertaking the requested improvements. No building permit shall be issued by the Development Department until the final development plan has been approved and any associated record plans or replats, including any required easements, have been duly recorded.
(b) Expiration of Special Development District Approval. If the final development plan, as required under Section 1275.06(c), is not submitted within six months of the approval of the preliminary plan by Council, the preliminary development plan shall become null and void and the land shall revert to its former zoning classification. If the final development plan or the initial stage of a multi-stage development plan is submitted and approved by Council, and the developer or applicant fails to record the plan with the County Recorder and begin applying for and obtaining any building permits within twelve months from the date of approval of the final development plan by Council, the applicant's rights under the terms of the approval shall terminate and the land shall revert back to its former zoning classification.
(c) Schedule of Construction. The development plan shall be subject to revocation if construction falls more than one year behind the schedule filed with the final plan.
(d) Extension of Time. An extension of the time limits set forth in Sections 1275.09(b) and 1275.09(c) may be granted by Council upon recommendation by the Planning Commission. However, such approval shall be given only upon a finding of purpose and necessity for such an extension and evidence of a reasonable effort toward the accomplishment of the original schedule by the applicant.
(Ord. 6711. Passed 4-3-18; Ord. 6831. Passed 1-21-20.)